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H.R. 6211 (97th): Surface Transportation Assistance Act of 1982

The text of the bill below is as of Jan 6, 1983 (Passed Congress).


PUBLIC LAW 97-424—JAN. 6, 1983                                        96 STAT. 2097

Public Law 97-424
97th Congress
                                    An Act
To authorize appropriations for construction of certain highwa)^ in accordance with        Jan. 6, 1983
  title 23, United States Code, for highway safety, for mass transportation in urban       [H.R. 6211]
  and rural areas, and for other purposes.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may                        Surface
be cited as the "Surface Transportation Assistance Act of 1982"                          Transportation
                                                                                         Assistance Act of
                                                                                         1982
                                     TITLE I                                             23 u s e 101 note.
                                                                                         Highway
                                                                                         Improvement
                                   SHORT TITLE                                           Act of 1982.
 SEC. 101. This title may be cited as the "Highway Improvement                          23 u s e 101 note.
Act of 1982".

       REVISION OF AUTHORIZATION FOR APPROPRIATIONS FOR THE
                        INTERSTATE SYSTEM

   SEC. 102. Subsection (b) of section 108 of the Federal-Aid Highway
Act of 1956, as amended, is amended by striking out "the additional                      Ante, p. 1611.
sum of $3,225,000,000 for the fiscal year ending September 30,1984,"
and all that follows down through the period at the end of the
sentence and by inserting in lieu thereof the following: "the addi-
tional sum of $4,000,000,000 for the fiscal year ending September 30,
1984, the additional sum of $4,000,000,000 for the fiscal year ending
September 30, 1985, the additional sum of $4,000,000,000 for the
fiscal year ending September 30, 1986, the additional sum of
$4,000,000,000 for the fiscal year ending September 30,1987, and the
additional sum of $4,000,000,000 for the fiscal year ending Septem-
ber 30, 1988, the additional sum of $4,000,000,000 for the fiscal year
ending September 30,1989, and the additional sum of $4,000,000,000
for the fiscal year ending September 30,1990.".

                          MINIMUM APPORTIONMENT

  SEC. 103. (a) For each of the fiscal years 1984,1985,1986, and 1987,                  23 use 104 note.
no State, including the State of Alaska, shall receive less than one-
half of 1 per centum of the total apportionment for the Interstate
System under section 104(b)(5)(A) of title 23, United States Code.
Whenever amounts made available under this subsection for the
Interstate System in any State exceed the estimated cost of complet-
ing that State's portion of the Interstate System, and exceed the
estimated cost of necessary resurfacing, restoration, rehabilitation,
and reconstruction of the Interstate System within such State, the
excess amount shall be eligible for expenditure for those purposes
for which funds apportioned under paragraphs (1), (2), and (6) of
such section 1040b) may be expended and shall also be available for
expenditure to carry out section 152 of title 23, United States Code.

96 STAT. 2098 PUBLIC LAW 97-424—JAN. 6, 1983 Ante, p. 1611. (b) Section 4(b) of the Federal-Aid Highway Act of 1982 is 23 use 104 note, repealed. OBUGATION CEIUNG 23 use 104 note. SEC. 104. (a) Notwithstanding any other provision of law, the total of all obligations for Federal-aid highways and highway safety construction programs shall not exceed— (1) $12,100,000,000 for fiscal year 1983; (2) $12,750,000,000 for fiscal year 1984; (3) $13,550,000,000 for fiscal year 1985; and (4) $14,450,000,000 for fiscal year 1986. These limitations shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, or projects covered under section 147 of the Surface Transportation Assistance Act of 23 use 144 note. 1978, or section 9 of the Federal-Aid Highway Act of 1981 or section 95 Stat. 1701. 118 of the National Visitor Center Facilities Act of 1968. No obliga- ifsrsis^^^^' ^^ ^^^^ constraints shall be placed upon any ongoing emergency project carried out under section 125 of title 23, United States Code, or section 147 of the Surface Transportation Assistance Act of 1978. (b) For each of the fiscal years 1983, 1984, 1985, and 1986, the Secretary of Transportation shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety con- struction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropri- ated for Federal-aid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year. (c) During the period October 1 through December 31, 1982, no State shall obligate more than 35 per centum of the amount distrib- uted to such State under subsection (b) for fiscal year 1983, and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection for such fiscal year. (d) Notwithstanding subsections Qy) and (c), the Secretary shall— (1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(bX5XA) of title 23, United States Code; (2) after August 1 of each of the fiscal years 1983, 1984, 1985, and 1986, revise a distribution of the funds made available under subsection 0>) for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such fiscal year giving priority to those States having large unobli- gated balances of funds apportioned under section 104 of title 23, United States Code, and giving priority to those States which, because of statutory changes made by this Act and the 95 Stet. 1699. Federal-Aid Highway Act of 1981, have experienced substantial 23 use 101 note. proportional reductions in their apportionments and alloca- tions; and (3) not distribute amounts authorized for administrative expenses and forest highways.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2099 (eXD Section 1106(b) of the Omnibus Budget Reconciliation Act of 1981 is repealed. 23 use 104 note. (2) Section 1106(c) of the Omnibus Budget Reconciliation Act of 1981 is amended to read as follows: "(c) For the fiscal year 1982, the Secretary of Transportation shall distribute the limitation impNOsed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to all the States for such fiscal year.". (3) Section 1106(d) of the Omnibus Budget Reconciliation Act of 1981 is amended by striking out "periods" and inserting in lieu thereof "period" and by striking out "and October 1 through Decem- ber 31,1982,". (4) Section 1106(eX2) of the Omnibus Budget Reconciliation Act of 1981 is amended by striking out "and after August 1,1983,". AUTHORIZATIONS SEC. 105. (a) For the purpose of carrjdng out the provisions of title 23, United States CJode, the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system in rural areas, including the extensions of the Federal-aid primary system in urban areas, and the priority primary routes, out of the Highway Trust Fund, $1,850,000,000 (reduced by the amount authorized by the first sen- tence of section 4(aXl) of the Federal-Aid Highway Act of 1982) for Ante, p. 1611. the fiscal year ending September 30, 1983, $2,100,000,000 for the fiscal year ending September 30, 1984, $2,300,000,000 for the fiscal year ending September 30, 1985, and $2,450,000,000 for the fiscal year ending September 30, 1986. For the Federal-aid secondary system in rural areas, out of the Highway Trust Fund, $650,000,000 (reduced by the amount authorized by the second sentence of section 4(aXl) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, $650,000,000 for the fiscal year ending September 30, 1984, $650,000,000 for the fiscal year ending Septem- ber 30, 1985, and $650,000,000 for the fiscal year ending Septem- ber 30,1986. (2) For the Federal-aid urban system, out of the Highway Trust Fund, $800,000,000 (reduced by the amount authorized by section 4(aX2) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30,1983, and $800,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30,1986. (3) For Indian reservation roads, out of the Highway Trust Fund, $75,000,000 for the fiscal year ending September 30, 1983, and $100,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986. (4) For the Virgin Islands, all such sums as may be required for St. Thomas, V.I. the continued presence and operation of the office of the territorial representative of the Federal Highway Administration in St. Thomas, Virgin Islands. (5) For parkways and park highways, out of the Highway Trust Fund, $75,000,000 for the fiscal year ending September 30, 1983 and 97-200 O - 8 4 - p t . 2 24 : QL3
96 STAT. 2100 PUBLIC LAW 97-424—JAN. 6, 1983 $100,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986. (6) For the forest highways, out of the Highway Trust Fund, $50,000,000 (reduced by the amount authorized by section 4(aX3) of Ante, p. 1611. the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, and $50,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30,1986. (7) For public lands highways, out of the Highway Trust Fund, $50,000,000 (reduced by the amount authorized by section 4(aX4) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, and $50,000,000 per fiscal year for each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30,1986. Repeal. (b) Section 151 of the Federal-Aid Highway Act of 1978 is repesded. 92 Stat. 2715. (c) In the case of fiscal years 1983 and 1984, each State shall, with respect to any Federal funds available to such State for expenditure on the Federal-aid primary system in excess of the amount appor- tioned to such State under section 104(bXl) of title 23, United States Code, for such expenditure in fiscal year 1982, give priority consider- ation to those priority primary routes designated in Committee Print Numbered 97-61 of the Committee on Public Works and Transportation of the House of Representatives. (d) Of the sums apportioned to each State under subsections (aXl) and (aX2) of this section for each fiscal year, beginning with fiscal year 1984, not less than 40 per centum of such program funds shall be expended by such State on projects for resurfacing, restoring, rehabilitating, and reconstructing existing highways unless the State certifies to the Secretary that such percentage of funds is in excess of the resurfacing, restoring, rehabilitating, and reconstruct- ing needs of existing highways in the State and the Secretary accepts such certification. The requirement of the preceding sen- tence shall apply only to that portion of a State's apportionment not used for reimbursing such State for bond retirement under section 122 of title 23, United States Code, or for advance construction funding under section 115 of title 23, United States Code. Ante. p. 1611. (e) Section 4(a) of the Federal-Aid Highway Act of 1982 is amended by striking out "a joint resolution making continuing appropriations for such fiscal year," and inserting in lieu thereof Public Law 97-276,". (f) Except to the extent that the Secretary determines otherwise, not less than 10 per centum of the amounts authorized to be appropriated under this Act shall be expended with small business concerns owned and controlled by socially and economically disad- vantaged individuals as defined by section 8(d) of the Small Business Act (15 U.S.C. section 637(d)) and relevant subcontracting regula- tions promulgated pursuant thereto. INTERSTATE RESURFACING SEC. 106. Section 105 of the Surface Transportation Assistance Act 95 Stat. 1699. of 1978 is amended by strking out "and not to exceed $800,000,000 for the fiscal year en(Ung September 30,1984." and inserting in lieu thereof "not to exceed $1,950,000,000 for the fiscal year ending September 30, 1984, not to exceed $2,400,000,000 for the fiscal year ending September 30,1985, not to exceed $2,800,000,000 for the fiscal
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2101 year ending September 30,1986, and not to exceed $3,150,000,000 for the fiscal year ending September 30,1987.". INTERSTATE TRANSFERS SEC. 107. (aXD Section 103(eX4) of title 23, United States Code, is amended by striking out the eighth sentence and inserting in Ueu thereof the following: "For the fiscal year ending September 30, 1983, $257,000,000 shall be available out of the Highway Trust Fund for expenditure at the discretion of the Secretary for projects under highway assistance programs. For the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986, sums obligated for projects under highway assistance programs shall be paid out of the Highway Trust Fund, and $700,000,000 shall be available for expenditure during each of the fiscal years ending September 30, 1984, and September 30, 1985, and $725,000,000 shall be available for expenditure during the fiscal year ending Septem- ber 30,1986. Twenty-five per centum of the funds available from the Substitute Highway Trust Fund for each of the fiscal years ending September highway projtsct 30,1984, September 30,1985, and September 30,1986, for substitute funds. highway projects under this paragraph shall be distributed at the discretion of the Secretary. TTie remaining 75 per centum of such funds shall be apportioned in accordance with cost estimates approved by Congress. The Secretary shall make an estimate of the Cost estimate, cost of completing substitute highway projects under this paragraph transmittal tci and transmit the same to the Senate and the House of Representa- Congress. tives as soon as practicable after the date of enactment of this sentence. Upon approval of such cost estimate by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute highway projects for the fiscal year ending September 30, 1984. The Secretary shall make a Revised cost revised estimate of the cost of completing substitute highway proj- estimate, ects under this paragraph and transmit the same to the Senate and transmittal to the House of Representatives within ten days subsequent to January Congress. 2,1984, and upon approval by Congress, the Secretary shall use the Feder?l share of such approved estimate in making apportionments for substitute highway projects for the fiscal years ending JJeptem- ber 30, 1985, and September 30, 1986. There are authorized to be appropriated for liquidation of obligations incurred imder this para- graph the sums provided in section 4(g) of the Urban Mass Transpor- tation Act of 1964. Fifty per centum of the funds appropriated for 49 u s e 1603. each fiscal year beginning after September 30,1983, for carrying out Substitute substitute transit projects under this paragraph shall be distributed transit project at the discretion of the Secretary. The remaining 50 per centum of funds. such funds shall be apportioned in accordance with cost estimates approved by Congress. The Secretary shall make an estimate of the Cost estimate, cost of completing substitute transit projects under this paragraph transmittal to and transmit the same to the Senate and the House of Representa- Congress. tives as soon as practicable after the date of enactment of this sentence. Upon approval of such cost estimate by Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for substitute transit projects for the fiscal year ending September 30,1984. The Secretary shall make a revised Revised cost estimate of the cost of completing substitute transit projects under estimate, this paragraph and transmit the same to the Senate and the House transmittal to of Representatives within ten days subsequent to January 2, 1984, Congress. and upon approval by Congress, the Secretary shall use the Federal
96 STAT. 2102 PUBLIC LAW 97-424—JAN. 6, 1983 share of such approved estimate in making apportionments for substitute transit projects for the fiscal years ending September 30, 1985, and September 30,1986.". (2) Section 103(eX4) of title 23, United States Code, is amended by striking out the sixth sentence and inserting in lieu thereof the following: "The sums apportioned under this paragraph for public mass transit projects shall remain available for the fiscal year for which apportioned and for the succeeding fiscal year. The sums available for obligation under this paragraph for projects under any highway assistance program shall remain available for the fiscal year for which apportioned and for the succeeding fiscal year. Any sums which are apportioned to a State for a fiscal year and are unobligated (other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a substitute project which has been submitted by the State to the Secretary for approval) at the end of such fiscal year shall be apportioned among those States which have obligated all sums (other than such an amount) appor- tioned to them for such fiscal year, in accordance with the latest approved estimate of the cost of completing the appropriate substi- tute projects in such States.". (b) Section 103(eX4) of title 23, United States Code, is amended by adding at the end thereof the following: "Any route or segment thereof which was statutorily designed after March 7,1978, to be on the Interstate System shall not be eligible for withdrawal or substi- tution under this subsection.". (cXD Section 103(eX4) of title 23, United States Code, is further amended by— (A) inserting in the second sentence after the words "approved by (Congress," the following: "or up to and including the 1983 interstate cost estimate, whichever is earlier,"; (B) striking out in the second sentence "the date of enactment of the Federal-Aid Highway Act of 1976 or" and "whichever is later, and in accordance with the design of the route or portion thereof that is the basis of the latest cost estimate"; (C) inserting in the second sentence after "approval of each substitute project under this paragraph," the following: "or the date of approval of the 1983 interstate cost estimate, whichever is earlier,'. 23 use 103 note. (2) Notwithstanding any other provision of law, with respect to any route or portion thereof on the Interstate System approval of which is or has been withdrawn under section 103(eX4) of title 23, United States Code, in any case where the sum determined under the second sentence of such section is less than the cost to complete the withdrawn route or portion (in accordance with the design of such route or portion on the date of such withdrawal) as of June 30, 1980, as a result of decreases in construction costs, the sum which shall be available to the Secretary under such sentence shall be an amount equal to such cost of completion as of June 30, 1980. (d) The third sentence of section 103(eX4) of title 23, United States Code, is amended by striking out the period and inserting in lieu thereof the following: ", and except that with respect to any route which on May 12, 1982, is under judicial injunction prohibiting its construction the Secretary may approve substitute projects and withdrawals on such route until September 30,1985.". (eXD The first sentence of section 103(eX4) of title 23, United States Code is amended by striking "which is within an urbanized
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2103 area or which passes through and connects urbanized areas within a State and". (2) The second sentence of section 103(eX4) of title 23, United States Code is amended by striking "which will serve the urbanized area and the connecting nonurbanized area corridor from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the urbanized area or area to be served, and which are submitted by the Governor of the State in which the withdrawn route was located." and inserting in lieu thereof, "which will serve the area or areas from which the interstate route or portion thereof was withdrawn, which are selected by the responsible local officials of the area or areas to be served, and which are selected by the Governor or the Grovemors of the State or the States in which the withdrawn route was located if the withdrawn route was not within an urbanized area or did not pass through and connect urbanized areas, and which are submitted by the Governors of the States in which the withdrawn route was located.". (0 The first sentence of section 122 of title 23, United States Code, Bond proceeds is amended to read as follows: "Any State that shall use the for project construction, proceeds of bonds issued by the State, county, city, or other political payment claims. subdivision of the State for the construction of one or more projects on the Federal-aid primary or Interstate System, or extensions of any of the Federal-aid highway systems in urban areas, or for substitute highway projects approved under section 103(eX4) of this title, may claim payment of any portion of the sums apportioned to it for expenditure on such system or on highway projects approved under section 103(eX4) of this title to aid in the retirement of the principal of such bonds the proceeds of which were used for projects on the Federal-aid primary system or extensions of any of the Federal-aid highway systems in urban areas and the retirement of the principal and interest of such bonds the proceeds of which were used for projects on the Interstate System at their maturities, to the extent that the proceeds of such bonds have been actually expended in the construction of one or more of such projects.". (g) Section 107(e) of the Federal-Aid Highway Act of 1978 is "Construction." amended by adding at the end thereof the following new sentence: 23 u s e 103 note. "For purposes of this subsection, the term 'construction' has the me£uiing such term has under section 101(a) of title 23, United States Code.". FEDERALrAID PRIMARY FORMULA SEC. 108. (a) Notwithstanding section 104(bXl) of title 23, United Apportionment. States Code, and any other provision of law, amounts authorized for 23 u s e 104 note. fiscal years 1983, 1984, 1985, and 1986 for the Federal-aid primary system (including extensions in urban areas and priority primary routes) shall be apportioned in accordance with this section. The Secretary of Transportation shall determine for each State the higher of (1) the amount which would be apportioned to such State under section 104(bXl) of title 23, United States Code, and (2) the amount which would be apportioned to such State under the follow- ing formula: One-half in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States as shown by the latest available Federal census and one- half in the ratio which the population in urban areas in each
96 STAT. 2104 PUBLIC LAW 97-424—JAN. 6, 1983 State bears to the total population in urban areas in all the States as shown by the latest Federal census. Qoi) The Secretary of Transportation shall, for each of the fiscal years 1983,1984,1985, and 1986, determine the total of the amounts determined for each State under subsection (a) and shall determine the ratio which the total amount authorized for such fiscal year for the Federal-aid primary system bears to the total of such amounts determined under subsection (a) for such fiscal year. (c) The amount which shall be apportioned to each State for the Federal-aid primary system (including extensions in urban areas and priority primary routes) for each of the fiscal years 1983, 1984, 1985, and 1986 shall be the amount determined for such State under subsection (a), multiplied by the ratio determined under subsec- tion (b). (d) Notwithstanding any other provision of law, no State shgdl receive an apportionment under this section for any fiscal year which is less than the lower of (1) the amount which the State would be apportioned for such fiscal year under section 104(bXl) of title 23, United States Code, and (2) the amount which would be determined under the formula set forth in subsection (a). Notwithstanding any other provision of law, no State shall receive for any such fiscal year less than one-half of 1 per centum of the total apportionment under this section for such fiscal year. For purposes of this paragraph and 23 use 103. subsection (b) of section 103 of this title, the Virgin Islands, Guam, American Ssmioa, and the Commonwealth of the Northern Mariana Islands shall be considered together as one State. The State con- sisting of the Virgin Isleinds, Guam, American Samoa, and the Commonwealth of the Mariana Islands shall not receive less than one-half of 1 per centum of each year's apportionment. There are authorized to be appropriated such sums as may be necessary out of the Highway Trust Fund to carry out this subsection. Funds author- ized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned 23 use 101 et under chapter 1 of title 23, United States Code. *^9- (e) Amounts apportioned under this section shall be deemed to be amounts apportioned under section 104(bXl) of title 23, United States Code, for purposes of such title and all other provisions of law. Terms used in this section shall have the same meaning such terms have in chapter 1 of title 23, United States Code. (f) Section 103(bXl) of title 23, United States Code, is amended by striking out "or Puerto Rico" and inserting in lieu thereof "Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands." ENERGY IMPACTED ROADS Projects, SEC. 109. (a) Section 105 of title 23, United States Code, is amended priority. ^y adding at the end thereof the following new subsection: "(h) In preparing programs to submit in accordance with subsec- tion (a) of this section, the State highway departments may give priority to projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which are incurring a substantial use as a result of transportation activities to meet national energy requirements and which will continue to incur such use, and in approving such programs the Secretary may give priority to such projects. .
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2105 (b) Section 120 of title 23, United States Code, is amended by Project cost. adding at the end thereof the following new subsection: Federal share. Post. p. 2110. "(k) Notwithstanding any other provision of this section, the Fed- eral share payable on account of any project under this title to reconstruct, resurface, restore, and rehabilitate any highway which the Secretary determines, at the request of any State, is incurring a substantial use as a result of transportation activities to meet national energy requirements and will continue to incur such use is 85 per centum of the cost of such project.". RESURFACING STANDARDS SEC. 110. (a) Section 109 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(o) It is the intent of Congress that any project for resurfacing, restoring, or rehabilitating any highway, other than a highway access to which is fully controlled, in which Federal funds partici- pate shall be constructed in accordance with standards to preserve and extend the service life of highways and enhance highway safety.". Qa) The Secretary of Transportation shall enter into appropriate Study and arrangements with the National Academy of Sciences (1) to conduct proposed standards. a study of the safety cost-effectiveness of geometric design criteria of 23 u s e 109 note. standards currently in effect for construction and reconstruction of highways, other than highways access to which is fully controlled, to determine the most appropriate minimum standards to apply to resurfacing, restoration, and rehabilitation projects on such high- ways, which study shall include a study of the cost effectiveness of the hot dip galvanizing process for the installation, repair, or replacement of exposed structural and miscellaneous steel, and (2) to propose standards to preserve and extend the service life of such highways and enhance highway safety. The National Academy of Sciences shall conduct such study in cooperation with the National Transportation Safety Board, the Congressional Budget Office, and the American Association of State Highway and Transportation Officials. Upon completion of such study, the National Academy of Review. Sciences shall submit such study and its proposed standards to the Secretary of Transportation for review. Within ninety days after Submittal to submission of such standards to the Secretary of Transportation, the Congress. Secretary shall submit such study and the proposed standards of the National Academy of Sciences, together with the recommendations of the Secretary, to Congress for approval. (cXD The Secretary of Transportation is directed to coordinate a National Bureau study with the National Bureau of Standards, the American Society of Standards and American for Testing and Materials, and other organizations as deemed appro- Society for priate, (A) to determine the existing quality of design, construction, Testing and products, use, and systems for highways and bridges; (B) to deter- Materials, study determinations. mine the need for uniform standards and criteria for design, process- 23 u s e 109 note. ing, products, and applications, including personnel training and implementation of enforcement techniques; and (C) to determine the manpower needs and costs of developing a national system for the evaluation and accreditation of testing and inspection agencies. (2) The Secretary shall submit such study to the Congress not Submittal to later than one year after the date of enactment of this section. Congress.
96 STAT. 2106 PUBLIC LAW 97-424—JAN. 6, 1983 VENDING MACHINES 23 use 111 note. SEC. 111. Notwithstanding section 111 of title 23, United States Code, before October 1,1983, any State may permit the placement of vending machines in rest and recreation areas and in safety rest areas constructed or located on rights-of-way of the Nation^Q System of Interstate and Defense Highways in such State. Such vending machines may only dispense such food, drink, £uid other articles as the State highway department determines are appropriate and desirable. Such vending machines may only be operated by the State. In permitting the placement of vending machines under this Section, the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Act of June 20, 1936, commonly known as the Randolph-Sheppard Act (20 U.S.C. 107a(aX5)). The costs of installa- tion, operation, and maintenance of vending machines under this section shall not be eligible for Federal assistance under title 23, United States Code. LETTING OF CONTRACTS SEC. 112. Section 112 of title 23, United States Code, is amended— (1) in subsection (b) by striking out "unless the Secretary shall affirmatively find that, under the circumstances relating to such project, some other method is in the public interest" and inserting in lieu thereof "unless the State highway department demonstrates, to the satisfaction of the Secretary, that some other method is more cost effective"; and (2) in subsection (e) by striking out the period at the end and inserting in lieu thereof the following: ", except where employ- ees of a political subdivision of a State are working on a project outside of such political subdivision.". CONSTRUCTION IN ADVANCE OF APPORTIONMENT SEC. 113. (a) Section 115(bK2) of title 23, United States Code, is amended by striking out "1978" each place it appears and inserting in lieu thereof "1983". Project cost, (b) Section 115(b) of title 23, United States Code, is amended by Federal share. adding at the end thereof the following: "(3) Subject to the provisions of this paragraph, the cost of con- struction of a project, the Federal share of which the Secretary is authorized to pay under this subsection, shall include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of such bonds have actusdly been expended in the construction of such project. In no event shall the amount of interest considered as a cost of construction of a project under the preceding sentence be greater than the excess of (A) the amount which would be the estimated cost of construction of the project if the project were to be constructed at the time the project is con- verted to a regularly funded project, over (B) the actual cost of construction of such project (not including such interest). The Secre- tary shall consider changes in construction cost indices in determin- ing the amount under clause (A) of this paragraph.". (c) Section 115(a) of title 23, United States Code, is amended to read as follows: "(aXD When a State has obligated all funds apportioned or allo- cated to it under section 103(eX4), 104, or 144 of this title, other than
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2107 Interstate funds, and proceeds to construct any highway substitute, Federal-aid system, or bridge project, respectively, other than an Interstate project funded under section 104(bX5) of this title, without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit a State to the construrtion of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 103(eX4), 104, or 144, respectively, of this title if— "(A) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects, and "(B) the project conforms to the applicable standsu-ds adopted under section 109 of this title. "(2) The Secretary may not approve an application imder this section unless an authorization for section 103(eX4), 104, or 144 of this title, as the case may be, is in effect for the fiscal year for which the application is sought beyond the currently authorized funds for such State. No application may be approved which will exceed the State's expected apportionment of such authorizations.". (d) Section 115(c) of title 23, United States (Uode, is amended by striking "104" and inserting in Ueu thereof "103(eX4), 104, or 144 . MAINTENANCE SEC. 114. The second sentence of subsection (c) of section 116 of title 23, United States Code, is amended to read as follows: "If, within ninety dajrs after receipt of such notice, such project has not been put in proper condition of maintenance, the Secretary shall withhold approval of further projects of all types in the State highway district, municipality, county, other political or administra- tive subdivision of the State, or the entire State in which such project is located, whichever the Secretary deems most appropriate, until such project shall have been put in proper condition of maintenance.". INTERSTATE DISCRETIONAKY FUNDS SEC. 115. (a) Section 118(b) of title 23, United States Code, is amended to read as follows: "(bXD Sums apportioned to each Federal-aid system (other than the Interstate System) shall continue available for expenditure in that State for tne appropriate Federal-aid S3rstem or part thereof (other than the Interstate System) for a period of three years after the close of the fiscal year for which such sums are authorized and any amounts so apportioned remaining unexpended at the end of such period shall lapse. "(2) Except as otherwise provided in this subsection, simis appor- tioned for the Interstate System in any State shall remain available for expenditure in that State for the Interstate System until the end of the fiscal year for which authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects on the Interstate System (other than projects for which sums are apportioned under section 104(bX5)(B)) in accordance with the following priorities: First, for
96 STAT. 2108 PUBLIC LAW 97-424—JAN. 6, 1983 high cost projects which directly contribute to the completion of an Interstate segment which is not open to traffic; and second, for projects of high cost in relation to a State's apportionment. Sums may only be made available under this paragraph in any State if the Secretary determines that the State has obligated all of its appor- tionments other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project on the Interstate System which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) apply the funds to a ready-to-commence project; and (B) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. "(3) Any amount apportioned to the States for the Interstate System under subsection (bX5XB) of section 104 of this title shall continue to be available for expenditure in that State for a period of two years after the close of the fiscal year for which such sums are authorized. Sums not obligated within the time period prescribed by the preceding sentence shall be made available by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstruct- ing the Interstate System to any other State applying for such funds, if the Secretary determines that the State has obligated all of its apportionments under such subsection other than an amount which, by itself, is insufficient to pay the Federal share of the cost of such a project which has been submitted by such State to the Secretary for approval, and the applicant is willing and able to (A) obligate the funds within one year of the date the funds are made available; (B) apply them to a ready-to-commence project; and (C) in the case of construction work, begin work within ninety days of obligation. Sums made available under this paragraph shall remain available until expended. "(4) Sums apportioned to a Federal-aid system for any fiscal year shall be deemed to be expended if a sum equal to the total of the sums apportioned to the State for such fiscal year and previous fiscal years is obligated. Any Federal-aid highway funds released by the pajmient of the final voucher or by the modification of the formal project agreement shall be credited to the same class of funds, primary, secondary, urban, or interstate, previously appor- tioned to the State and be immediately available for expenditure.". "G)) Section 118 of title 23 United States Code is amended by relettering subsections (c) and (d) as subsections (e) and (f), respec- tively, and by adding after subsection 0)) thereof the following new subsections: "(c) Before any apportionment is made under section 104(bX5XA) of this title for a fiscal year beginning after September 30,1983, the Secretary shall set aside $300,000,000. Such amount shall be availa- ble only for obligation by the Secretary in accordance with subsec- tion (bX2) of this section. "(d) In addition to amounts otherwise available to carry out this section, an amount equal to the amount by which the unobligated apportionment for the Interstate System in any State is reduced under section 103(eX4) of this title on account of the withdrawal of a route or portion thereof on the Interstate System, which withdrawal is approved after the date of enactment of this subsection, shall be available to the Secretary for obligation in accordance with subsec- tion (bX2) of this section. .
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2109 INTERSTATE SYSTEM RESURFACING TRANSFERS SEC. 116. (aXD Section 119(a) of title 23, United States Code, is amended by inserting after the first sentence the following; "In addition to projects approved under the preceding sentence, begin- ning with funds apportioned for fiscal year 1984, the Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing those routes or portions thereof on the Interstate System designated before the date of enactment of this sentence under section 139(a) of this title (other than routes on toll roads not subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978) which routes or portions were so 92 Stat. 2692. designated in conjunction with the withdrawal of approval of another route or portion thereof on the Interstate System under section 103(eX4) of this title.". Ante, p. 2101. (2) The last sentence of section 119(a) of title 23, United States Code, is amended by striking out "designated under sections 103 and 139(c) of this title" and inserting in lieu thereof "under this subsection". (3) The last sentence of section 139(a) of title 23, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", except that any State may use funds available to it under section 104(bXl) of this title and, beginning with funds apportioned for fiscal year 1984, under section 104(bX5)(B) of this title for the resurfacing, restoring, rehabilitating, and reconstructing of any route or portion thereof on the Interstate System on which a project may be approved under the second sentence of section 119(a) of this title.". Ot)) The last subsection of section 119 of title 23, United States Code, is relettered as subsection (c). (c) Section 119 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Upon application by a State and approval by the Secretary, the Secretary may authorize the transfer oi so much of the amount apportioned to such State for any fiscal year under paragraph (5XA) of subsection 0>) of section 104 of this title, as does not exceed the Federal share of the cost of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes), in the most recent cost estimate, to the apportionment under para- graph (5)(B) of subsection (b) of section 104 of this title, except that not more than 50 per centum of the total apportionment under such paragraph (5XA) for a fiscal year shall be transferred under this subsection for such fiscal year. The next cost estimate submitted to Congress under paragraph (5XA) of subsection (b) of such section 104 of the cost of completing segments of the Interstate System open to traffic in that State (other than high occupancy vehicle lanes) shall be reduced for such State in an amount equal to the amount transferred under this subsection.". FEDERAL SHARE SEC. 117. (a) Section 120(c) of title 23, United States Code, is amended by adding at the end thereof the following new sentence: "Notwithstanding subsection (a) of this section, the Federal share payable on account of any project financed with primary funds on the Interstate System for resurfacing, restoring, rehabilitating, and reconstructing shall be the percentage provided in this subsection."
96 STAT. 2110 PUBLIC LAW 97-424—JAN. 6, 1983 (b) Section 120(d) of title 23, United States Code, is amended by inserting "or for pavement marking" after "signalization" and by adding at the end thereof the following: "The Federal share payable on account of any project for traffic control signalization under section 103(eX4) of this title may amount to 100 per centum of the cost of construction of such project.". (c) Section 120 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(j) Nothwithstanding any other provision of this section (other than subsection (i)), of this title, or of any other law, in any case where a State elects to use funds apportioned to it for any Federsd- aid system for any project under sections 143, 148, and 155, of this title and for those priority primary routes under section 147 of this title designated in Committee Print Numbered 97-61 of the C!ommit- tee on Public Works and Transportation of the House of Representa- tives, the Federal share payable on account of such project shall be 95 per centum of the cost thereof, unless— "(1) such project is on land owned by the United States in which case the Federal share shall be 100 per centum of the cost of such project, or "(2) a Federal share of the cost of the project greater than 95 per centum is specifically authorized by law.". FRINGE AND CX)RRIIX>R PARKING SEC. 118. Section 137 of title 23, United States Oxie, is amended by inserting the following new subsection (f): "(fKD The Secretary may approve for Federal financial assistance from funds apportioned under section 104(bX5XB) of this title, proj- ects for designating existing facilities, or for acquisition of rights of way or construction of new facilities, for use as preferential parking for carpools, provided that such facilities (A) are located outside of a central business district and within an interstate highway corridor, £uid (B) have as their primary purpose the reduction of vehicular traffic on the interstate highway. "(2) Nothing in this subsection, or in any rule or regulation issued under this subsection, or in any agreement required by this subsec- tion, shall prohibit (A) any State, political subdivision, or agency or instrumentality thereof, from contracting with any person to oper- ate any parking facility designated or constructed under this subsec- Fees. tion, or (B) any such person from so operating such facility. Any fees charged for the use of any such facility in connection with the purpose of this subsection shall not be in excess of the amount required for operation and msdntenance, including compensation to any person for operating the facility. "Facilities" and "(3) For the purposes of this subsection, the terms 'facilities' and "parking 'parking facilities' are synonymous and shall have the same mean- aci 1 les. jj^g given 'parking facilities' in subsection (c) of this section.". NONDISCRIMINATION SEC. 119. (a) The first and third sentences of subsection (a) of section 140 of title 23, United States Code, are amended by striking the words "or national origin" and inserting in lieu thereof the words ", national origin, or sex". (b) Section 140 of title 23, United States Code, is amended by adding new subsection (c) as follows:
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2111 "(c) The Secretary, in cooperation with any other department or agency of the Government, State agency, authority, association, institution, corporation (profit or nonprofit), or any other organiza- tion or person, is authorized to develop, conduct, and administer training programs and assistance programs in connection with any program under this title in order that minority businesses may achieve proficiency to compete, on an equal basis, for contracts and subcontracts. Whenever apportionments are made under subsection 104(a) of this title, the Secretary shall deduct such sums as he may deem necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. The provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), shall not be applica- ble to contracts and agreements made under the authority herein granted to the Secretary notwithstanding the provisions of section 302(e) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252(e)).". (c) The title of section 140 of title 23, United States Code, is amended to read as follows: "§ 140. Nondiscrimination" and the analysis of chapter 1 of title 23, United States Code, is amended by striking out "140. Equal employment opportunity." and inserting in lieu thereof "140. Nondiscrimination.". PUBUC TRANSPORTATION SEC. 120. (a) The last sentence of section 142(aXl) of title 23, United States Code, is amended by inserting "and the cost of providing shuttle service to and from the facility" after "of the facility" and by inserting "and for providing such shuttle service" after "operating the facility". (b) Section 142 of title 23, United States Code, is amended as follows: (1) In subsection (aXl) in the first sentence the words "bus lanes" and insert in lieu thereof "high occupancy vehicle lanes" and delete the words "bus and other" and insert in lieu thereof "high occupancy vehicle and". (2) In subsection Ot)) delete the word "bus" and insert in lieu thereof "high occupancy vehicle". (3) In subsection (f) delete the words "public mass transporta- tion systems" and insert in lieu thereof "high occupancy vehicles". BRIDGE PROGRAM APPORTIONMENT SEC. 121. (a) Subsection (e) of section 144 of title 23, United States Code, is amended to read as follows: "(e) Funds authorized to carry out this section shall be appor- tioned among the several States on October 1 of the fiscal year for which authorized in accordance with this subsection. Each deficient bridge shall be placed into one of the following categories: (1) Federal-aid system bridges eligible for replacement, (2) Federal-aid system bridges eligible for rehabilitation, (3) off-system bridges eligi- ble for replacement, and (4) off-system bridges eligible for rehabilita- tion. The square footage of deficient bridges in each category shall
96 STAT. 2112 PUBLIC LAW 97-424—JAN. 6, 1983 be multiplied by the respective unit price on a State-by-State basis, as determined by the Secretary; and the total cost in each State divided by the total cost of the deficient bridges in all States shall determine the apportionment factors. No State shall receive more than 10 per centum or less than 0.25 per centum of the total Annual data apportionment for any one fiscal year. The Secretary shall make update. these determinations based upon the latest available data, which shall be updated annually.". Effective date. (b) The amendment made by subsection (a) of this section shall 23 u s e 144 note. take effect October 1, 1982, and shall apply with respect to each fiscal year beginning on or after such date. Notwithstanding subsec- tion (e) of section 144 of title 23, United States Code, as soon as practical after the date of enactment of this Act, the Secretary of Transportation shall apportion under such subsection (e), as amended by subsection (a) of this section, sums authorized to be appropriated to carry out such section 144 for the fiscal year ending September 30,1983. HIGHWAY BRIDGE REPLACEMENT AND REHABIUTATION SEC. 122. (a) Subsection (g) of section 144 of title 23, United States Code, is amended by inserting after "(g)" the following: "(1)". Such subsection is further amended by striking out the fourth and fifth sentences and by adding at the end thereof the following: "(2) Of the amount authorized per fiscal year for each of the fiscal years ending September 30,1983, September 30,1984, September 30, 1985, and September 30, 1986, by section 5(aXl) of the Federal-Aid Ante, p. 1612. Highway Act of 1982 and section 202(1) of the Highway Safety Act of Post, p. 2137. 1982, all but $200,000,000 per fiscal year shall be apportioned as provided in subsection (e) of this section. $200,000,000 per fiscal year of the amount authorized for each of the fiscal years ending Septem- ber 30, 1983, September 30, 1984, September 30, 1985, and Septem- ber 30, 1986, shall be available for obligation on the date of each such apportionment in the same manner and to the same extent as the sums apportioned on such date, except that the obligation of such $200,000,000 shall be at the discretion of the Secretary and shall be only for projects for those highway bridges the replacement or rehabilitation cost of each of which is more than $10,000,000, and for any project for a highway bridge the replacement or rehabilita- tion costs of which is less than $10,000,000 if such cost is at least twice the amount apportioned to the State in which such bridge is located under subsection (e) of this section for the fiscal year in which application is made for a grant for such bridge. Not less than 15 per centum nor more than 35 per centum of the amount appor- tioned to each State in each of the fiscal years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, shall be expended for projects to replace or rehabilitate high- way bridges located on public roads, other than those on a Federal- Expenditure aid system. The Secretary after consultation with State and local requirement, officials may, with respect to a State, reduce the requirement for reduction. expenditure for bridges not on a Federal-aid system when he determines that such State has inadequate needs to justify such expenditure.". (b) Notwithstanding section 144 of title 23, United States Code, and any other provision of law, the Secretary of Transportation may approve under such section 144 (including subsection (g)) a project to relocate and replace (1) any bridge across a river located on a two-
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2113 lane Federal-aid highway which is in a slide area, in a flood plain, and in the vicinity of and north of Cloverdale, California, together with (2) all highways and approaches required as a result of such relocation and replacement. (c) Notwithstanding section 144 of title 23, United States Code, and any other provision of law, the Secretary of Transportation may approve under such section 144 (including subsection (g)) a project to replace the LaSalle Peru Bridge which is part of a complete replace- ment of United States 51 in a new location. CARPOOL AND VANPOOL PROJECTS SEC. 123. (a) Section 120(d) of title 23, United States Code, is amended by inserting before ", may amount to 100 per centum" the following: "or for commuter carpooling and vanpooling". (b) The Secretary of Transportation is authorized and directed to 23 use 146 note. expend such sums as are necessary out of the administrative funds authorized by subsection (a) of section 104, title 23, United States Code, to carry out the provisions of subsection (d) of section 126 of the Federal-Aid Highway Act of 1978. 23 use 146 note. ALLOCATION OF URBAN FUNDS SEC. 124. Section 150 of title 23, United States Code, is amended by adding the following sentence at the end thereof: "Funds allocated to an urbanized area under the provisions of this section may, at the request of the Governor and upon approval of the appropriate local officials of the area and the Secretary, be transferred to the alloca- tion of another such area in the State or to the State for use in any urban area.". HAZARD EUMINATION PROGRAM EXTENSION SEC. 125. Subsection (c) of section 152 of title 23, United States Code, is amended to read as follows: "(c) Funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System).". FEDERAL LANDS HIGHWAYS PROGRAM SEC. 126. (a) Section 202 of title 23, United States Code, is amended to read as follows: "§ 202. Allocations "(a) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for forest highways according to the relative needs of the various elements of the national forest system as determined by the Secretary, taking , into consideration the need for access as identified by the Secretary of Agriculture through renewable resource and land use planning, and the impact of such planning on existing transportation facilities. "(b) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for forest development roads and trails according to the relative needs of the various national forests. Such allocation shall be consistent with the
96 STAT. 2114 PUBLIC LAW 97-424—JAN. 6, 1983 renewable resource and land use planning for the various national forests. "(c) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for public lands highways among those States having unappropriated or unreserved public lands, nontaxable Indian lands or other Federal reservations, on the basis of need in such States, respectively, £is determined by the Secretary upon application of the State highway departments of the respective States. The Secretary shall give pref- erence to those projects which are significantly impacted by Federal land and resource management activities. "(d) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for park roads and parkways each according to the relative needs of the various elements of the national park system, taking into considera- tion the need for access as identified through Ismd use planning and the impact of such planning on existing transportation facilities. "(e) On October 1 of each fiscal year, the Secretary shall allocate the sums authorized to be appropriated for such fiscal year for Indian reservation roads according to the relative needs of the various reservations as jointly identified by the Secretary and the Secretary of the Interior.". (b) Section 204 of title 23, United States Ckxie, is amended to read as follows: "§ 204. Federal Lands Highways Program Establishment. "(a) Recognizing the need for all Federal roads which are public roads to be treated under the same uniform policies as roads which are on the Federal-aid systems, there is established a coordinated Federal lands highways program which shall consist of the forest highways, public lands highways, park roads, parkways, and Indian reservation roads as defined in section 101 of this title. Construction "(b) Funds available for forest highways and public lands high- and ways shall be used by the Secretary to pay for the cost of construc- improvement funds. tion and improvement thereof. Funds available for park roads, parkways, and Indian reservation roads shall be used by the Secre- tary of the Interior to pay for the cost of construction and improve- Contracts. ment thereof. In connection therewith, the Secretary and the Secretary of the Interior, £is appropriate, may enter into construc- tion contracts and such other contracts with a State or civil subdivi- Indian labor. sion thereof or Indian tribe as deemed advisable. In the case of Indian reservation roads, Indian labor may be employed in such construction and improvement under such rules and regulations as may be prescribed by the Secretary of the Interior. No ceiling on Federal emplo)mient shall be applicable to construction or improve- ment of Indiein reservation roa<k. Projects on "(c) Before approving as a project on an Indian reservation road Indian any project on a Federal-aid system in a State, the Secretary must reservation roads. determine that the obligation of funds for such project is supplemen- tary to and not in lieu of the obligation, for projects on Indian reservation roads, of a fair and equitable share of funds apportioned to such State under section 104 of this title. State and local "(d) Cooperation of States, counties, or other local subdivisions cooperation. may be accepted in construction and improvement, and any funds received from a State, county, or local subdivision shall be credited to appropriations available for the class of Federal lands highways to which such funds were contributed.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2115 "(e) Construction of each project shall be performed by contract Construction by awarded by competitive bidding, unless the Secretary or the Secre- contracts. tary of the Interior shall affirmatively find that, under the circum- stances relating to such project, some other method is in the public interest. Notwithstanding the foregoing, the provisions of section 23 of the "Buy Indian" Act of June 25, 1910 (36 Stat. 891), and the 36 Stat. 861. provisions of section 7(b) of the Indian Self-Determination and Edu- 25 u s e 47. cation Assistance Act of 1975 (88 Stat. 2205) shall apply to all funds 25 u s e 450e. administered by the Secretary of the Interior which are appropri- ated for the construction and improvement of Indian reservation roads. "(f) All appropriations for the construction and improvement of each class of Federal lands highways shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary of the appropriate Federal land manag- ing agency. "(g) The Secretary shall transfer to the Secretary of Agriculture Transfer of from appropriations for forest highways such amounts as may be funds. needed to cover necessary administrative expenses of the Forest Service in connection with forest highways. "(h) Funds available for each class of Federal lands highways shall be available for adjacent vehicular parking areas and scenic easements.". (cXD The twelfth undesignated paragraph of section 101(a) of title "Park road." 23, United States Code, defining the term "park roads and trails", is amended to read as follows: "The term 'park road' means a public road that is located within or provides access to an area in the national park system.". (2) The tenth undesignated paragraph of section 101(a) of title 23, "Indian United States Code, defining the term "Indian reservation roads and reservation roads." bridges" is amended by striking out "The term Indigin reservation roads and bridges' means roads and bridges, including roads and bridges" and inserting in lieu thereof "The term 'Indian reservation roads' means public roads, including roads". (3) Section 101(a) of title 23, United States Code, is amended by "Federal lands adding after the third undesignated paragraph, defining the term highways." "county", the following: "The term 'Federal lands highways' means forest highways, public lands highways, park roadb, parkways, and Indian reserva- tion roads which are public roads.". (d) Sections 206, 207, 208, 209, and 214(c) of title 23, United States Repeals. Code, are repealed. (e) The analysis of chapter 2 of title 23, United States Ck)de, is amended— (1) by striking out "202. Apportionment for allocation." and inserting in lieu thereof "202. Allocations."; (2) by striking out "204. Forest highways." and inserting in lieu thereof "204. Federal lands highways pn^am."; and
96 STAT. 2116 PUBLIC LAW 97-424—JAN. 6, 1983 (3) by striking out "206. Park roads and trails. "207. Parkways. "208. Indian reservation roads. "209. Public lands highways." and inserting in lieu thereof "206. Repealed. "207. Repealed. "208. Repealed. "209. Repealed.". (f) Sections 201 and 203 of title 23, United States Code, are amended by striking out "park roads and trails" wherever it appears and inserting in lieu thereof "park road". BICYCLE TRANSPORTATION SEC. 126. Section 217 of title 23, United States Code, is amended to read as follows: "§ 217. Bicycle transportation and pedestrian walkway "(a) To encourage energy conservation and the multiple use of highway rights-of-way, including the development and improvement of pedestrian walkways on or in conjunction with highway rights-of- way, the States may, as Federal-aid highway projects, construct pedestrian walkways. Sums apportioned in accordance with para- graphs (1), (2), and (6) of section 104(b) of this title shall be available for pedestrian wedkways authorized under this section and such projects shsdl be located and designed pursueint to an overall plan which will provide due consideration for safety and contiguous routes. "(bXD To encourage energy conservation, including the develop- ment, improvement, and use of bicycle transportation, the States may, as Federal-Eiid highway projects, construct new or improved lanes, paths, or shoulders; traffic control devices, shelters for £ind parking facilities for bicycles, and carry out nonconstruction proj- ects related to safe bicycle use. Sums apportioned in accordance with paragraphs (1), (2), and (6) of section 104(b) of this title shall be available for bicycle projects authorized under this section and such projects shall be located and designed pursuant to an overall plan which will provide due consideration for seifety and contiguous routes. "(2) In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway, other than a highway access to which is fully controlled, on which bicycles are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of bicycles can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations. "(3) No bicycle project shall be authorized by this section unless the Secretary shall have determined that such bicycle project will be principally for transportation, rather than recreation, purposes. Federal share "(c) For all purposes of this title, a pedestrian walkway project payable on authorized by subsection (a) of this section shall be deemed to be a walkway project, highway project, and the Federgd share payable on account of such pedestrian walkway project shall be 100 per centum.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2117 "(d) For all purposes of this title, a bicycle project authorized by Federal share subsection (b) of this section shall be deemed to be a highway payable on bicycle project. project, and the Federal share payable on account of such bicycle project shall be 100 per centum. "(e) Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands high- ways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of pedes- trian walkways in conjunction with such trails, roads, highways, and parkways. "(f) Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands high- ways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of bicycle routes. "(g) No motorized vehicles shall be permitted on trails and walk- Motorized ways authorized under this section except for maintenance purposes vehicle and, when snow conditions and State or local regulations permit, prohibition. snowmobiles. "(h) Not more than $45,000,000 of funds authorized to be appropri- Appropriation ated in any fiscal year may be obligated for projects authorized by authorization. subsections (a), (b), (e), and (f) of this section. No State shall obligate Waiver. more than $4,500,000 for such projects in any fiscal year, except that the Secretary may, upon application, waive this limitation for a State for any fiscal year.". PARKING RAMPS AND FRONTAGE ROADS SEC. 127. (a) Subsection (b) of section 108 of the Federal-Aid Highway Act of 1956, as amended, is further amended by adding 23 u s e 101 note. before the last sentence thereof a new sentence as follows: "Notwith- standing any other provision of law, including any other provision of this subsection, where a project is to be constructed (1) to provide parking garage ramps in conjunction with high occupancy vehicle lanes which flow into a distributor system emptying directly into ramps for off-street parking with preferential parking for carpools, vanpools, and buses and the ramps are part of an environmental mitigation effort and are designed to feed into an aerial walkway system, or (2) to provide a parking lot near the terminus of an Interstate System spur route which radiates from an Interstate System beltway which will be used as an intermodal transfer facility for a light rail transit project to be constructed in the median of the spur route and the parking lot is part of an environmental mitiga- tion effort, or (3) to provide a parking garage and associated facili- ties as part of an intermodal transfer facility with a transit system near or within an Interstate System route right-of-way which will have direct and indirect access to the facility by way of local streets and the parking garage and associated facilities are part of an environmental mitigation effort, or (4) to provide for the comprehen- sive upgrading of existing high occupancy vehicle lanes, new ramps and parking facilities at mass transit intermodal transfer points on an existing Interstate System route which has temporary high occupancy vehicle lanes in the median and the parking facilities and ramps are part of an environmental mitigation effort, the costs of such parking garage ramps, parking lots, parking garages, asso-
96 STAT. 2118 PUBLIC LAW 97-424—JAN. 6, 1983 ciated interchange ramps, high occupancy vehicle lanes, and other associated work eligible under title 23, United States Code, shall be eligible for funds authorized by this subsection as if the costs for these projects were included in the 1981 interstate cost estimate and shall be included as eligible projects in any future interstate cost estimate.". (b) Notwithstanding the provisions of section 108(b) of the Federal- 23 u s e 101 note. Aid Highway Act of 1956, as amended, the Secretary of Transporta- tion may approve the expenditure of funds authorized under such section for the construction of a previously approved project which provides for improvements to and reconstruction of ramps and service roads which are being developed as part of a roadway system to relieve a severely congested segment on an Interstate route. Such expenditures shall be limited (1) to work necessary to provide more effective and safe operation of such Interstate route, and (2) to a section of an Interstate route which proceeded to construction con- tract prior to the date of enactment of such Act and which Inter- state route, together with service roads, was constructed without the expenditure of any funds authorized by such section. PROJECT ELIGIBILITY 23 use 101 note. SEC. 128. In any case where a project involving a Federal-aid primary route not on the Interstate System, and a route on the Interstate System which was originally constructed without the expenditure of any funds authorized under section 108(b) of the 23 use 101 note. Federal-Aid Highway Act of 1956, as amended, and was subse- quently added to the Interstate System, both occupying a common alignment and having elements which have been approved in con- cept by the Secretary of Transportation as part of a project provid- ing for the upgrading of an interchange on such Interstate route, the cost of improvements in the vicinity of the interchange necessary to upgrade the safety of that part of such Federal-aid primary route not on a common alignment with such Interstate route in an environmentally acceptable manner shall be eligible for the expend- iture of funds authorized by such section 108(b). ACCELERATION OF PROJECTS 23 use 105 note. SEC. 129. The Secretary of Transportation shall by rule or regula- tion establish, as soon as practicable, alternative methods for proc- essing projects under title 23, United States Code, so as to reduce the time required from the request for project approval through the completion of construction. In carrying out this section the Secre- tary shall utilize the knowledge and experience resulting from the demonstration project authorized by and carried out under section 23 use 124 note. 141 of the Federal-Aid Highway Act of 1976. FOUR-LANE BRIDGES 23 use 144 note. SEC. 130. Whenever any law of the United States, enacted after January 1, 1970, and before the date of enactment of this Act, authorizes payment, in financing the relocation of an existing road, for the cost of construction of a two-lane bridge with a substructure and deck truss capable of supporting a four-lane bridge, payment for the cost of completing the construction of such bridge as a four-lane
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2119 bridge is authorized upon the completion of such substructure and deck truss. DEMONSTRATION PROJECTS SEC. 131. (aXD The Secretary of Transportation is authorized to carry out a demonstration project in Los Angeles County, California, for the purpose of demonstrating methods of improving the motor vehicle transportation of freight to and from areas for the transship- ment of waterborne commerce. (2) There is authorized to be appropriated to carry out this subsec- Appropriation tion, out of the Highway Trust Fund, not to exceed $19,000,000 for authorization. the fiscal year ending September 30,1983, not to exceed $19,000,000 for the fiscal year ending September 30, 1984, sind not to exceed $20,000,000 for the fiscal year ending September 30,1985. (3) Funds authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under 23 u s e 101 et this subsection shall be 100 per centum of the total cost thereof and seq. such funds shall remain available until expended. (bXD The Secretary of Transportation shall carry out a highway Highway design project to demonstrate state of the art technology which can be and construction, applied to a section of highway the construction of which will close a state of the art gap of not more than 10 miles in a multi-leine limited access technology. approach road through hilly terrain connecting a city (not directly connected to the Interstate System by such an approach road) with a route on such System on which tolls are charged. For comparison purposes, the highway section shall connect both highway construc- tion using current technology and older completed highway construction. The project shall demonstrate the latest high-type geometric design features and new advances in highway traffic control and safety hardware. All design elements, including the highway pavement, shall be designed to provide the best life-cycle costs, thereby minimizing future maintenance costs. The Secretary Technical of Transportation shall provide necessary technical assistance in the assistance. design and construction of the project. Upon completion of the project, the highway shall be added to the Federal-aid primary system. (2) Not later than one year, six years and eleven years after the Reports to completion of the state of the art technology project, the Secretary Ck>ngress. of Transportation shall submit reports to the Congress, including but not limited to the results of such project, the effects of using the best available technology on safety and other considerations, recom- mendations for applying the results to other highway projects, and any changes that may he necessary by law to permit further use of such features. (3) There is authorized to be appropriated to carry out this subsec- Appropriation tion, out of the Highway Trust Fund, not to exceed $5,000,000 for the authorization. fiscal year ending September 30,1983, $10,000,000 for the fiscal year ending September 30, 1984, and $62,000,000 for the fiscal year ending September 30, 1985. Such funds shall be available until expended, shall be available for obligation in the same manner and to the same extent as if apportioned under chapter 1 of title 23, United States Code, and shall not be subject to any obligation 23 u s e 101 et limitation. The Federal share payable for the state of the art seq. technology project shall be 100 per centum. Federal share.
96 STAT. 2120 PUBLIC LAW 97-424—JAN. 6, 1983 Highway repair (cXD The Secretary of Transportation shall conduct a project to methods. demonstrate state of the art methods of repairing damaged high- ways, and preventing damage to highways, resulting from shoreline erosion. Such project shall be carried out in the vicinity of Buhne Point, Humboldt Bay, California, at a cost not to exceed $9,000,000 for fiscal years beginning after September 30, 1982, out of the Highway Trust Fund. (2) The Secretary of Transportation may enter with the heads of other departments, agencies, and instrumentalities of the Federal Government into such arrangements as may be necessary to carry out the provisions of this subsection. Report to (3) The Secretary of Transportation shall submit to Congress a Congress. report on the results of the demonstration project not later than 180 days after completion of such project. (4) Funds authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States 23 u s e 101 et Code, except that the Federal share of the cost of any project under seq. this subsection shall be 100 per centum of the total cost thereof and such funds shall remain available until expended. Traffic (dXl) The Secretary of Transportation is authorized to carry out a congestion demonstration project in the vicinity of East Baton Rouge, Louisi- reduction project. ana, for the purpose of demonstrating the efficacy of reducing traffic congestion in the immediate vicinity of a partial-diamond, partial- cloverleaf interchange which connects an east-west highway on the Interstate System and a four lane highway not on such system by providing a direct access ramp to, and a travel lane on, the Inter- state highway and by eliminating a crossover which is used for access to the Interstate highway. Appropriation (2) There is authorized to be appropriated to cany out this subsec- authorization. tion, out of the Highway Trust Fund, not to exceed $5,000,000 for the fiscal years beginning after September 30,1982. (3) Funds authorized by this subsection shall be available for obligation in the seune manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under this subsection shall be 100 per centum of the total cost thereof and such funds shall remain available until expended. (eXD The Secretary of Transportation is authorized to carry out a demonstration project in the vicinity of Louisville, Kentucky, for the purpose of demonstrating methods of accelerating construction of high traffic sections of highways on the Federal-aid primary system which are directly connected to the Interstate System. Report to (2) The Secretary of Transportation shall submit to Congress a Congress. report on the results of the demonstration project carried out under this subsection not later than 180 days after completion of such project. Appropriation (3) There is authorized to be appropriated to carry out this subsec- authorization. tion, out of the Highway Trust Fund, not to exceed $25,000,000 for the fiscal year ending September 30, 1983, and not to exceed $27,000,000 for the fiscal year ending September 30, 1984. Any amount obligated after December 1, 1982, and before the date of enactment of this Act for a project described in paragraph (1) of this subsection from funds apportioned under section 104 of title 23, United States Code, may be deobligated and funds authorized by this subsection may be obligated for such project in place of such deobli- gated amounts. Any amounts deobligated under the preceding sen-
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2121 tence shall be recredited to the State's apportionment from which such amounts were obligated. (4) Funds authorized by this subsection shall be available for Federal share of obligation in the same manner and to the same extent as if such cost. funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under 23 u s e 101 et this subsection shall be 100 per centum of the total cost thereof and seq. such funds shall remain available until expended. (fKD The Secretary of Transportation, in cooperation with the Highway State of Vermont, shall carry out a project to demonstrate the completion, time feasibility of reducing the time and the cost required to complete and cost reduction. highway projects, other than projects on the Interstate System, in areas that require improved access between rapidly growing subur- ban areas and established urban core areas, by extending the cover- age of State certifications under section 117(a) of title 23 of the United States Code, to any Federal law, regulation, or policy that applies to such projects. (2) In implementing this subsection, the Secretary shall review Application applications for projects submitted by the State of Vermont with review. respect to which the State agrees to assume the responsibility of the State's responsibilities. Secretary with regard to any such Federal law, regulation, or policy. The Secretary shall be deemed to have fulfilled his responsibility under such law, regulation, or policy, provided that— (A) the Secretary finds that the State has procedures which are sufficient to assure that the project will be carried out in accordance with the provisions of such law, regulation, or policy; (B) the State highway department is authorized and consents to accept the jurisdiction of the Federal courts in any suit brought to enforce any such Federal law or regulation; and (C) the State highway department certifies that the project has been carried out in accordance with the procedures speci- fied under subparagraph (A) of this paragraph. (3) In carrying out the demonstration project authorized under this subsection, the Secretary may continue to discharge his respon- sibilities directly with respect to those laws, regulations, and policies for which he finds State procedures are not sufficient. (4) In implementing this subsection, the Secretary shall consider the procedures developed pursuant to section 141 of the Federal-Aid Highway Act of 1976, as amended, and shall encourage the State to 23 u s e 124 note. carry out its responsibilities in cooperation with appropriate politi- cal subdivisions of the State. (5) There is authorized to be appropriated out of the Highway Appropriation Trust Fund to carry out the project authorized under this subsection authorization. a sum not to exceed $50,000,000. (6) Funds authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under 23 u s e 101 et this subsection shall be 100 per centum of the total cost thereof and such funds shall remain available until expended. (7) Not later than six months after the completion of such project, Report to the Secretary shall submit a report to Congress which includes, but eongress. is not limited to, a description of the methods used to accomplish the project and the changes, if any, required to adopt expanded certifica- tion. The report should also contain recommendations for appl3dng the methods to other highway projects, and any changes to existing
96 STAT. 2122 PUBLIC LAW 97-424—JAN. 6, 1983 law which may be necessary to permit more widespread use of expanded certification acceptance. Wave erosion (gXD The Secretary of Transportation is authorized to carry out prevention, demonstration projects in and around Devils Lake, North Dakota, construction techniques. for the purpose of demonstrating construction techniques to prevent wave erosion on closed basin lakes with grade level highway crossings. (2) The Secretary is authorized to reimburse from funds author- ized by paragraph (3) the State of North Dakota for funds previously expended on projects described in paragraph (1). Appropriation (3) There is authorized to be appropriated, out of the Highway authorization. Trust Fund, to carry out this subsection not to exceed $4,500,000 for the fiscal year ending September 30,1983. (4) Funds authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such f u n ^ were apportioned under chapter 1 of title 23, United States 23 u s e 101 et Code, except that the Federal share of the cost of any project under this subsection shall not exceed 75 per centum of the total cost thereof and such fund shall remain available until expended. (hXD The Secretary of Transportation is authorized to carry out a demonstration project on the Federal-aid urban system for the construction of a high level bridge over a high volume intercoastad waterway segment. The project shall demonstrate the reduced con- gestion resulting in the downtown area from the construction of such bridge which serves a major port. Such project shall be subject to the provisions of chapter 1 of title 23, United States Code, applicable to highway projects on the Federal-£dd system. Appropriation (2) There is authorized to be appropriated to carry out this subsec- authorization. tion, out of the Highway Trust Fund, not to exceed $23,000,000 for the fiscal year ending September 30, 1983. Such sums shall remain available until expended. (3) In carrjdng out this subsection, the Secretary shall consult with the Secretary of the Army and the Commandant of the Coast Guard concerning permit procedures which will expedite completion of this bridge. Report to (4) The Secretary shall report to Congress upon completion of this Congress. project the results of this demonstration project, together with any recommendations the Secretary deems necessary. (iXD The Secretary of Transportation, in cooperation with the State of Idaho, shall conduct a demonstration project on a primary segment of highway experiencing a high incidence of truck accidents and a project to demonstrate cooperation between two railroads and a small urban area. The highway project shall include an analysis of factors contributing to truck accidents such as weather conditions, sight distance, road curvature, roadway width, and gradient and shall also include an analysis of the benefit-cost ratio of certain safety improvements implemented to correct hazards contributing to truck accidents. The railroad crossing project shall demonstrate the benefits of having no railroad through the center of a small urban community. Appropriation (2) There is authorized to be appropriated, out of the Highway authorization. Trust Fund, to carry out this subsection not to exceed $8,500,000. Federal share of (3) Funds authorized by this subsection shall be available for cost. obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2123 this subsection shall be 100 per centum of the total cost thereof and such funds shall remain available until expended. (4) The Secretary of Transportation shall submit to Congress a Report to report on the results of the demonstration project not later than 180 Congress. days after completion of such project. (jXD The Secretary of Transportation shall conduct a demonstra- tion project in the State of Illinois for the purpose of demonstrating the benefits of constructing usable segments of high-volume facili- ties, developing methods to achieve the effective implementation of massive capital investments made under Federal programs being discontinued. (2) There are authorized to be appropriated to carry out this Appropriation subsection, out of the Highway Trust Fund, $25,000,000 for each authorization. fiscal year beginning after September 30, 1982, and ending before October 1, 1986. Such sums shall be available until expended, shall be available for obligation in the same manner and to the same extent as if apportioned under chapter 1 of title 23, United States Code, and shall not be subject to any obligation limitation. The 23 u s e 101 et Federal share of the cost of any project under this subsection shall seq. be 50 per centum of the total cost thereof. FEDERAL SHARE OF BRIDGE PROJECTS SEC. 132. Notwithstanding any other provision of law, during the two-year period beginning on the date of enactment of this section, with respect to gmy project in the State of Tennessee for the replacement or rehabilitation of a bridge which is wholly funded from state and local sources, is eligible for Federal funds under section 144 of title 23, United States Code, is certified by the State to have been carried out in accordance with all standards applicable to such projects under such section 144, and is determined by the Secretary upon completion to be no longer a deficient bridge, any amount expended after July 1, 1982, from such State and local sources for such project in excess of 20 per centum of the cost of construction thereof may be credited to the non-Federal share of the cost of other projects in such State which are eligible for Federal funds under such section 144, in accordance with procedures estab- lished by the Secretary. VEHICLE WEIGHT, LENGTH, AND WIDTH UMITATIONS SEC. 133. (a) Section 127 of title 23 of the United States Code is amended to read: "§ 127. Vehicle weight limitations—Interstate System "(a) No funds authorized to be appropriated for any fiscal year under provisions of the Federal-Aid Highway Act of 1956 shall be 70 Stat. 374. apportioned to any State which does not permit the use of the National System of Interstate and Defense Highways within its boundaries by vehicles with a weight of twenty thousand pounds carried on any one axle, including enforcement tolerances, or with a tandem axle weight of thirty-four thousand pounds, including en- forcement tolerances, or a gross weight of at least eighty thousand pounds for vehicle combinations of five axles or more. However, the maximum gross weight to be allowed by any State for vehicles using the National System of Interstate and Defense Highways shall be twenty thousand pounds carried on one axle, including enforcement
96 STAT. 2124 PUBLIC LAW 97-424—JAN. 6, 1983 tolerances, and a tandem axle weight of thirty-four thousand pounds, including enforcement tolerances and with an overall maxi- mum gross weight, including enforcement tolerances, on a group of two or more consecutive axles produced by application of the follow- ing formula: /LN X W=500 + 12N + 36 1 ^N-1 ' where W equals overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more: Provided, That such overall gross weight may not exceed eighty thousand pounds, includ- ing all enforcement tolerances, except for those vehicles and loads which cannot be easily dismantled or divided and which have been issued special permits in accordance with applicable State laws, or the corresponding maximum weights permitted for vehicles using the public highways of such State under laws or regulations estab- lished by appropriate State authority in effect on July 1, 1956, except in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid 23 use 101 note. Highway Amendments of 1974, whichever is the greater. Any amount which is withheld from apportionment to any State pursu- ant to the foregoing provisions shall lapse. This section shall not be construed to deny apportionment to any State allowing the oper- ation within such State of any vehicles or combinations thereof which the State determines could be lawfully operated within such State on July 1, 1956, except in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974. With respect to the State of Hawaii, laws or regulations in effect on February 1, 1960, shall be applicable for the purposes of this section in lieu of those in effect on July 1, 1956. With respect to the State of Michigan, laws or regulations in effect on May 1, 1982, shall be applicable for the purposes of this subsection. "(b) No State may enact or enforce any law denying reasonable access to motor vehicles subject to this title to and from the Inter- state Highway System to terminals and facilities for food, fuel. repairs, and rest.' MARTIN LUTHER KING BRIDGE SEC. 134. The Martin Luther King Bridge which crosses the Mississippi River between St. Louis, Missouri, and East St. Louis, Illinois, and is not on a Federal-aid system shall be eligible for assistance under section 144 of title 23, United States Code, to the same extent that any other bridge which is not on a Federal-aid
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2125 system is eligible for assistance under such section, except that no such assistance shall be made avedlable with respect to such bridge until such bridge— (1) has been transferred to one or both of the States of Missouri and Illinois; (2) is freed from tolls; and (3) otherwise meets the eligibility requirements of such sec- tion, and the rules and regulations promulgated thereunder. MANPOWER STUDY SEC. 135. The Secretary of Transportation shall undertake to enter 23 use lOi note. into appropriate arrangements with the National Academy of Sci- ences' Transportation Research Board to conduct a comprehensive study and investigation of future transportation professional man- power needs, including but not limited to prevailing methods of recruitment, training, and financial and other incentives and disin- centives which encourage or discoureige retention in service of such professional manpower by Federal, State, and loccd governments. In Report to entering into any arrangement with the National Academy of Sci- Secretary and ences for conducting such study and investigation, the Secretary Congress. shall request the National Academy of Sciences to report to the Secretary and the C!ongress not later than two years after the enactment of this Act on the results of such study and investigation, together with its recommendations. The Secretary shall furnish to the Academy at its request any information which the Academy deems necessary for the purpose of conducting the study and investi- gation authorized by this section. FERRYBOAT STUDY SEC. 136. The Office of Technology Assessment shall conduct a comprehensive investigation and study of the feasibility of a high speed ferryboat operation over the waters of the Caribbean Sea between Saint Croix and Saint Thomas in the Virgin Islands in accordance with this section. The Department of Transportation, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, and all other agencies, offices, and instrumental- ities of the United States shall assist the Office in conducting an objective investigation and study of such projected operation. The Office shall evaluate this projected operation for its feasibility under various degrees of commercigd and government sponsorship. The Report to Office shall complete and transmit a report on such investigation Congress. and study to the Congress no later than January 1,1984. STUDY OF FACTORS IN APPORTIONMENT FORMULAS SEC. 137. (a) The Secretary of Transportation shall study and determine the need for including weather-related factors, particular- ly the effects of freezing and thawing, in the apportionment formu- las for Federal-aid highways under section 104 of title 23, United States Code. The Secretary shall report to Congress not later than Report to four months after the date of enactment of this Act on the results of Congress. such study and shall include in such report specific recommenda- tions for changing such apportionment formulas to take into account weather-related factors.
96 STAT. 2126 PUBLIC LAW 97-424—JAN. 6, 1983 Federal (bXl) The Secretary of Transportation shall make a full and financisil complete study regarding the procedures for distributing Federal assistance, distribution financial assistance for resurfacing, restoring, rehabilitating, and procedures. reconstructing routes on the Interstate System in order to maintain a high level of transportation service. The study shall analyze current conditions and factors including, but not limited to, volume and mix of traffic, weight and size of vehicles, environmental, geographical, and meteorological conditions in various States, and other pertinent factors that can be utilized to determine the most equitable and efficient method of apportioning such Federal finan- cial assistance to the several States. In conducting the study the Secretary shall consider such criteria as need, national importance, impact on individual State highway programs, structural and oper- ational integrity, and any other relevant criteria, to determine the most equitable method of distribution. (2) In conducting this study the Secretary shall consult with other agencies of the Federal Government, the States and their political subdivisions, and other interested private organizations, groups, and individuals. Report to (3) The Secretary shall report to Congress not later than four Congress. months after the date of enactment of this section the results of such study together with recommendations for necessary legislation. REPORT REGARDING LONGER COMBINATION COMMERCIAL MOTOR VEHICLES Submittal to SEC. 138. (a) Within one year after the date of enactment of this Congress. Act, the Secretary of Transportation, after consultation with the 49 u s e 2315 transportation officials and Governors of the several States and note. after an opportunity for public comment, shall submit to Congress a detailed report on the potential benefits and costs, if any, to ship- pers, receivers, operators of commercial motor vehicles, and the general public, that reasonably may be anticipated from the estab- lishment of a national intercity truck route network for the oper- ation of a special class of longer combination commercial motor vehicles. Definitions. GJ) For the purposes of this section— (1) the term "longer combination commercial motor vehicles" means multiple-trailer combinations consisting of (A) truck tractor-semitrailer-fuU trailer, and (B) truck tractor-semitrailer- full trailer-full trailer combinations with an overall length not in excess of one hundred and ten feet; and (2) the term "national intercity truck route network" means a network consisting of a number of controlled-access, intercon- necting segments of the National System of Interstate and Defense Highways and other highways of comparable design and traffic capacity including, but not limited to, all such highways where the operation of longer combination commer- cial motor vehicles is authorized on the date of enactment of this Act. (c) The detailed report mandated by this section shall include, but need not be limited to, the following: (1) a specific plan for the establishment of a national intercity truck route network, including the designation of those specific highway segments which would be required to connect the major distribution centers and markets for long-haul intercity freight service; except that the Secretary of Transportation
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2127 shall not include in the plan any highway segment which, because of design limitations or other factors, cannot accommo- date the safe operation of longer combination commercial motor vehicles; (2) an analysis of the intercity motor freight volume that reasonably can be anticipated to be transported by longer com- bination commercial motor vehicles over the national intercity truck route network if such network is established by Congress; (3) an analysis of the fuel savings that reasonably can be anticipated in the transportation of freight by commercial motor vehicle if such network is established by Congress; (4) an analysis of the productivity gains that reasonably can be anticipated to be achieved in the transportation of freight by commercial motor vehicle if such network is established by Congress; (5) an analysis of the fuel conservation and productivity gains historically achieved by operators of longer combination com- mercial motor vehicles; (6) an analysis of the safety record of longer combination commercial motor vehicle operations that have been conducted prior to the date of enactment of this Act; and (7) an analysis of the effect of the size and weight limitations as in effect after the date of enactment of this Act. (d) In making the findings and determinations required by subsec- Single- and tion (c) of this section, and in making the detailed report to Congress tandem-axle weight limits. required by this section, the Secretary of Transportation shall assume that the longer combination commercial motor vehicles operating on the national intercity truck route network, if and when established by Congress, would be subject to the single- and tandem- axle weight limits imposed by section 127 of title 23, United States Code. The Secretary of Transportation shall further assume that the overall gross weight of such vehicles on a group of two or more consecutive axles shall be limited by the formula set forth in such section, and only by such formula. (e) In making the detailed report to Congress required by this section, the Secretary of Transportation shall assume that longer combination commercial motor vehicles operating on the national intercity truck route network will have reasonable access to termi- nals, combination breakup areas, and food and fuel facilities consist- ent with safe operations of such vehicles. (0 Nothing in this section shall be construed to establish Federal Vehicle weight policy with regard to highway vehicle weight and size standards, nor and size standards. shall an5^hing in this section be construed to preempt or to affect any State law establishing highway vehicle weight or size standards. The provisions of this section require an investigation and study on Investigation the feasibility and propriety of making changes in vehicle weight and study. and size steuidards which the Congress may choose to consider in the future. CHANGE IN LOCATION OF INTERSTATE SEGMENTS SEC. 139. (a) Notwithstanding the provisions of section 4(b) of the 23 u s e 101 note. Federal-Aid Highway Act of 1981, the Secretary of Transportation 95 Stat. 1700. may approve a change in location of any Interstate route or segment 23 u s e 101 note. and approve, in lieu thereof, the construction of such Interstate route or segment on a new location if the original location of such route or segment meets the following criteria: (1) it has been desig- nated under section 103(e) of title 23, United States Code; (2) it is
96 STAT. 2128 PUBLIC LAW 97-424—JAN. 6, 1983 serving Interstate travel as of the date of enactment of this section; (3) it requires improvements which are eligible under the Federal- 23 use 101 note. Aid Highway Act of 1981, and which would either involve major modifications in order to meet acceptable standards or result in severe environmental impacts and such major modifications or mitigation measures relating to the environmental impacts are not cost effective. The cost of the construction of such Interstate route or segment on new location with funds available under section 108(b) of 23 use 101 note, the Federal-Aid Highway Act of 1956, as amended, shall not exceed the estimated cost of the eligible improvements on the original location as eligible under the Federal-Aid Highway Act of 1981 and included in the 1983 interstate cost estimate as approved by the Congress. Such cost shall be increased or decreased, as determined by the Secretary, based on changes in construction costs of the original location of the route or segment as of the date of approval of each project on the new location. Upon approval of a new location, and funds apportioned under section 104(b)(5)(A) of title 23, United States Code, which were expended on the route or segment in the original location shall be refunded to the Highway Trust Fund and credited to the unobligated balance of the State's apportionment made under section 104(b)(5)(A) of title 23, United States Code, and other eligible Federal-aid highway funds may be substituted in lieu thereof at the appropriate Federal share. (b) Where the Secretary of Transportation approves a relocation of an Interstate route or segment under the provisions of subsection (a) of this section, such route or segment shall not be eligible for withdrawal under the provisions of section 103(e)(4) of title 23, United States Code, and shall be subject to the Interstate System completion deadlines provided in subsections (d) and (e) of section 23 use 103 note. 107 of the Surface Transportation Assistance Act of 1978 or subject to Interstate System completion deadlines as may be determined by Congress. ACCESS CONTROL DEMONSTRATION PROJECTS 23 use 307 note. SEC. 140. Section 1500b) of the Federal-Aid Highway Act of 1978 is amended by striking out "1983" and inserting in lieu thereof "1985". REVISION OF PROJECT AGREEMENT SEC. 141. Notwithstanding any other provision of law, as a condi- tion of reimbursement of the Federal share of the cost of Federal-aid project 23-D-U-54 (100) in New Jersey, the Secretary of Transporta- tion and the New Jersey Department of Transportation shall revise the project agreement for such project to make available financial Eissistance not to exceed $1,000,000 for the purpose of compensating businesses in the general vicinity of such project that have suffered monetary losses as a result of the temporary bypass established to accommodate the construction of the project. INNOVATIVE TECHNOLOGIES 23 use 119 note. SEC. 142. (a) The Congress hereby finds and declares that it is in the national interest to encourage and promote utilization by the States of highway and bridge surfacing, resurfacing, or restoration materials which are produced from recycled materials or which contain asphalt additives to strengthen the materials. Such materi-
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2129 als conserve energy and reduce the cost of resurfacing or restoring our highways. (b) TTie Secretary of Transportation is hereby authorized for each of the fiscal years through September 30, 1985, to increase the Federal share as provided in sections 119, 120, and 144 of title 23, United States Code, by 5 per centum of any project submitted by the State highway departments which contains in the plans, specifica- tions, and estimates submitted pursuant to section 106, of title 23, United States Code, the use of the materials described in subsection (a). To be eligible for such supplemental Federal assistance, signifi- cant amounts of asphalt additives or recycled materials must be used in each project approved by the Secretary. (c) The Secretary shall establish a procedure within ninety days of the date of enactment of this Act for increasing the Federal share under this section. ENFORCEMENT OF HEAVY VEHICLE USE TAX SEC. 143. (a) Section 141 of title 23, United States Code, is amended by adding subsection (d) as follows: "(d) The Secretary shall reduce the State's apportionment of Federal-aid highway funds under section 104(bX5) of this title in an amount up to 25 per centum of the amount to be apportioned in any fiscal year beginning after September 30, 1984, during which heavy vehicles, subject to the use tax imposed by section 4481 of the Internal Revenue Code of 1954, may be lawfully registered in the 26 use 4481. State without having presented proof of payment, in such form as may be prescribed by the Secretary of the Treasury, of the use tax imposed by section 4481 of such Code. Amounts withheld from apportionment to a State under this subsection shall be apportioned to the other States pursuant to the formulas of section 104(bX5) of this title and shall be available in the same manner and to the same extent as other Interstate funds apportioned at the same time to other States.". MONITORING OF EFFECT OF DOUBLE BOTTOM TRUCKS SEC. 144. (a) The Secretary of Transportation shall undertake to 49 USC 2315 enter into appropriate arrangements with the National Academy of con- sciences to monitor the effects on the National System of Interstate and Defense Highways of the use of trucks with two trailing units, in light of the amendments made by this Act providing that no State shall prohibit the use of such vehicle combinations. Such monitoring shall include, but need not be limited to, determining the effects of the use of such vehicle combinations on highways and highway safety in urban and rural areas and in different regions of the country, taking into account differences in age and design features of highways on the Interstate System. (b) The Secretary of Transportation shall request the National Report to Academy of Sciences to submit a report to the Secretary and the con^^*^'^^ ^^'^ Congress of such monitoring, not later than two years after appro- ^^^s^^^s. priate arrangements are entered into under subsection (a). The Secretary shall furnish to the Academy, at its request, any informa- tion which the Academy deems necessary for the purpose of conduct- ing such monitoring.
96 STAT. 2130 PUBLIC LAW 97-424—JAN. 6, 1983 TEMPORARY MATCHING FUND WAIVER 23 u s e 104 note. SEC. 145. (a) Notwithstanding any other provision of law, the Federal share of any qualifying project approved by the Secretary of Transportation under section 106(a), and of any qualifying project for which the United States becomes obligated to pay under section 117, of title 23, United States Code, during the period beginning on the date of enactment of this Act and ending September 30, 1984, shall be such percentage of the construction cost as the State highway department requests, up to and including 100 per centum. "Qualifying (b) For purposes of this section, the term "qualifying project" project.' means a project approved by the Secretary of Transportation under section 106(a) of title 23, United States Code, or a project for which the United States becomes obligated to pay under section 117 of title 23, United States Code, for which the Governor of the State submit- ting the project has certified, in accordance with regulations estab- lished by the Secretary of Transportation, that sufficient funds are not available to pay the cost of the non-Federal share of the project. (c) The total amount which may be obligated for qualifying proj- ects in any State under subsection (a) shall not be greater than the excess of— (1) the sum of the amount of obligation authority distributed to such State for fiscal year 1983 under section 104(b) of this Act, plus the amount, if any, available to such State under section 150 of this Act, pertaining to minimum allocation, over (2) the amount of obligation authority distributed to such State for fiscal year 1982 under section 3(b) of the Federal-Aid 23 u s e 104 note. Highway Act of 1981. (d) The total amount of such increases in the Federal share as are made pursuant to subsection (a) for any State shall be repaid to the United States by such State on or before September 30, 1984. Such payments shall be deposited in the Highway Trust Fund and such repaid amounts shall be credited to the appropriate apportionment accounts of such State. (e) If a State has not made the repayment as required by subsec- tion (d) of this section, the Secretary shall deduct from funds appor- tioned to such State under section 104(b) of title 23, United States Code, except for paragraph (5)(A), in each of the fiscal years ending September 30, 1985, and September 30, 1986, a pro rata share of each category of such apportioned funds, the total amount of which shall be equal to 50 per centum of the amount needed for repay- Reapportion- ment. Any amount deducted under this subsection shall be reappor- ment. tioned for the fiscal years 1985 and 1986 in accordance with section 104(b)(1) of title 23, United States Code, to those States which have not received a higher Federal share under this section and to those States which have made the repayment required by subsection (d). LANE RESTRICTIONS SEC. 146. The State of California shall not restrict or require the restriction of the use of any lane on any Federal-aid highway in the unincorporated areas of Alameda County, California, to high occu- pancy vehicles, exclusive of approaches to controlled access high- ways, toll roads, or bridges.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2131 UPGRADING CERTAIN INTERCHANGES SEC. 147. Notwithstanding any other provision of law, in the case of any portion of a route on the Interstate System in the State of California which is open to traffic and which has less than two through lanes in either direction in the area where such route connects with a limited access highway on the Federal-aid primary system, a project to improve the portion of the Interstate route to a design of six lemes and to upgrade the interchange between such Interstate route and primary route to accommodate such design shall be eligible for funds authorized by section 108(b) of the Federal- Aid Highway Act of 1956, as amended, as if the costs of such project 23 USC lOl note. were included in the 1981 interstate cost estimate and shall be included as an eligible project in the 1983 interstate cost estimate and any later interstate cost estimate. CONVICT LABOR SEC. 148. Section 114(b) of title 23, United States Code, is amended by inserting after "Convict labor" the following: "or materials pro- duced by convict labor". PREVAILING RATE OF WAGE SEC. 149. Section 113(a) of title 23, United States Ck>de, is amended by striking out "initial". MINIMUM ALLOCATION SEC. 150. (a) Chapter 1 of title 23, United States Code is amended by adding at the end thereof the following new section: "§ 157. Minimum allocation 23 USC 157. "(a) In the fiscal year ending September 30, 1983, as soon as practicable after the date of enactment of this Act, and in each of the fiscal years ending September 30, 1984, September 30,1985, and September 30, 1986, on October 1, the Secretary of Transportation shall allocate among the States, as defined in section 101 of this title amounts sufficient to insure that a State's percentage of the total apportionments in each such fiscal year of Interstate highway sub- stitute, primary, secondary. Interstate, urban, bridge replacement and rehabilitation, hazard elimination, and rail-highway crossings funds under sections 103(eX4), 104(b), 144, and 152 of this title and section 203 of the Highway Safetv Act of 1973, as amended, shall not 23 USC 130 note. be less than 85 per centum of the percentage of estimated tax payments attributable to highway users in that State paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data is available. "(b) Amounts allocated pursuant to subsection (a) of this section shall be available for obligation when allocated for the year author- ized plus the three succeeding Hscal years, shall be subject to the provisions of this title 23 and may be obligated for Interstate highway substitute, primary, secondary, Interstate, urban, bridge replacement and rehabilitation, hazard elimination, and rail-high- way crossings projects. Obligation limitations for Federal-aid high- ways and highway safety construction programs established by this Act or any subsequent Act shall not apply to obligations made under 97-200 O—84—pt. 2 25 : QL3
96 STAT. 2132 PUBLIC LAW 97-424—JAN. 6, 1983 this section, except where the provision of law establishing such limitation specifically amends or limits the applicability of this sentence. Sums allocated pursuant to this section shall not be considered to be sums allocated for purposes of section 104(b) of the Ante, p. 2098. Highway Improvement Act of 1982. (c) In order to carry out this section there is authorized to be appropriated out of the Highway Trust Fund, other than the Mass Transit Account, such sums as may be necessary for each of the fiscal years ending September 30,1983, September 30,1984, Septem- ber 30,1985, and September 30,1986.". (b) The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: "157. Minimum allocation.". DEMONSTRATION PROJECTS-RAIL HIGHWAY CROSSINGS SEC. 151. Section 163(p) of the Federal-Aid Highway Act of 1973, 23 use 130 note, as amended, is amended by inserting after "1982," the following: "and $50,000,000 for the fiscal year ending September 30, 1983, and $50,000,000 for the fiscal year ending September 30, 1984, and $50,000,000 for the fiscal year ending September 30, 1985, and $50,000,000 for the fiscal year ending September 30, 1986," and by adding at the end thereof the following: "Notwithstanding any other provision of this section, any project which is not under construc- tion, according to the Secretary of Transportation, by Septem- ber 30, 1985, shall not be eligible for additional funds under this authorization.". STUDY OF METHANE CONVERSION FOR HIGHWAY FUEL USE 23 use 307 note. SEC. 152. The Secretary of Transportation shall study, out of any funds available to the Secretary of Transportation for research purposes, the potential for recovering methane which is released in the process of offshore oil drilling and converting such methane on a floating conversion plant located at the drilling site into methanol for use as a fuel for highway vehicles. Such study shall include, but need not be limited to, a determination of the quality and quantity of the methane which is released at offshore drilling sites at various locations and the costs involved in recovering such methane and converting it in the manner described in the preceding sentence. The Secretary shall also determine the permitting requirements which would apply to such floating conversion plants and the most Report to effective way to implement those permitting requirements. The eongress. Secretary shall report to the Congress the results of the study under this section not later than one year after the date of enactment of this Act. EMERGENCY REUEP SEC. 153. (aXD The first sentence of subsection (a) of section 125 of title 23, United States Code, is amended by striking the first sen- tence thereof and inserting in lieu thereof the following: "An emer- gency fund is authorized for expenditure by the Secretary, subject to the provisions of this section and section 120 of this title, for the repair or reconstruction of highways, roads, and trails which the Secretary shall find have suffered serious damage as the result of (1) natursd disaster over a wide area such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides, or (2) catastrophic
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2133 failures from any external cause, in any part of the United States. In no event shall funds be used pursuant to this section for the repair or reconstruction of bridges which have been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to structural deficien- cies or physical deterioration.". (2) Subsection (a) of section 125 of title 23, United States Code, is further amended by inserting in the second sentence, as that sen- tence read prior to the amendments made by paragraph (1) of this subsection, after the word "appropriated" the words "from the Highway Trust Fund". (b) Notwithstanding any other provision of law, all expenditures 23 u s e 125 note. made under section 125 of title 23, United States Code, prior to the fiscal year ending September 30, 1978, are authorized to have been appropriated from the Highway Trust Fund. (c) Subsection (a) of section 125 of title 23, United States Code, is amended by inserting in the second sentence after the words "after September 30, 1976," the words "and not more than $100,000,000 is authorized to be expended in any one fiscal year commencing after September 30,1980,^'. (d) Subsection (b) of section 125 of title 23, United States Code, is amended by striking the period at the end of the first sentence, inserting a colon in lieu thereof, and by adding the following: "Provided, That obligations for projects under this section, including those on highways, roads, and trails mentioned in subsection (c) of this section, resulting from a single natural disaster or a single catastrophic failure shall not exceed $30,000,000 in any State.". (e) The amendments made by subsection (d) of this section shall 23 u s e 125 note. apply to natural disasters or catastrophic failures which the Secre- tary finds eligible for emergency relief subsequent to the date of enactment of this section. (f) Subsection (f) of section 120 of title 23, United States Code, is Federal share. amended to read as follows: "(f) The Federal share payable on account of any repair or recon- struction provided for by funds made available under section 125 of this title shall not exceed 100 per centum of the cost thereof: Provided, That the Federal share payable on account of any repair or reconstruction of forest highways, forest development roads and trails, park roads and trails, parkways, public lands highways, public lands development roads and trails, and Indian reservation roads may amount to 100 per centum of the cost thereof. The total cost of a project may not exceed the cost of repair or reconstruction of a comparable facility. As used in this section with respect to "A comparable bridges and in section 144 of this title, 'a comparable facility' shall facility.' mean a facility which meets the current geometric and construction standards required for the types and volume of traffic which such facility will carry over its design life.". (g) All obligations for projects resulting from a natural disaster or 23 u s e 120 note. catastrophic failure which the Secretary finds to be eligible for emergency relief subsequent to the date of enactment of this subsec- tion shall provide for the Federal share required by subsection (f) of section 120 of title 23, United States Code, as amended by this section. (hXD Subsection Ot)) of section 125 of title 23, United States Code, is amended by striking the words "the Federal-aid highway systems, including the Interstate System" and by inserting in lieu thereof the words "the Interstate System, the Primary System, and on any
96 STAT. 2134 PUBLIC LAW 97-424—JAN. 6, 1983 routes functionally classified as arterials or major collectors," in the two places the stricken words appear. (2) Subsection (c) of section 125 of title 23, United States Code, is amended by striking the words "on any of the Federal-aid highway systems" and inserting in lieu thereof the words "routes function- ally classified as arterials or major collectors". HIGHLAND SCENIC HIGHWAY 87 Stat. 279. SEC. 154. Section 161(f) of the Federal-Aid Highway Act of 1973 is amended to read as follows: "(f) The Highland Scenic Highway as authorized by subsection (a) of this section and all associated lands and rights-of-way shall be managed as part of the Monongahela National Forest for scenic and recreational purposes. Vehicle use shall be confined to passenger cars, recreational vehicles, and limited truck traffic to the extent such use is compatible with the purpose for which the highway was constructed. Commercial use by trucks shall be limited and con- trolled by permit.". DEFENSE ACCESS ROAD SEC. 155. Section 210(c) of title 23, United States Code, is amended by striking "Not exceeding $5,000,000 of any funds appropriated under the Act approved October 16, 1951 (65 Stat. 422)", and insert- ing in lieu thereof "Funds appropriated for defense maneuvers and exercises". R E S E A R C H A N D PLANNING SEC. 156. (a) Subsection (c) of section 307, title 23, United States Code, is amended by adding paragraph (5) as follows: ^ "(5) The sums provided pursuant to paragraph (2) of this subsec- tion shall be combined and administered by the Secretary as a single fund which shall be available for obligation for the same period as funds apportioned under section 104(b)(1) of this title.". (b) Subsection (c)(2) of section 307, title 23, United States Code, is amended by striking "1964" and inserting in lieu thereof "1983", and by striking "section 104" and inserting in lieu thereof "sections 104 and 144". Federal share. (c) Section 120 of title 23, United States Code, is amended by adding a subsection (i) as follows: "(i) The Federal share payable on account of any project financed under section 307(c) of this title shall be 85 per centum, except that in the case of any State containing nontaxable Indian lands, individ- ual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 per centum of the total area of all lands therein, the Federal share shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area, except that such Federal share payable on any project in any State shall not exceed 95 per centum of the total cost of any such project.". (d) Section 307(cXl) of title 23, United States Code, is amended by adding in the last sentence after "highways and highway systems' the words "and for study, research and training on engineering standards and construction materials, including evaluation and accreditation of inspection and testing,".
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2135 ALASKA HIGHWAY SEC. 158. Subsection (a) of section 218 of title 23, United States Code, is amended by adding after the second sentence the following: "Notwithstanding any other provision of law, in addition to such funds, upon agreement with the State of Alaska, the Secretary is authorized to expend on such highway any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. Notwithstanding any other provi- sion of law, any obligation limitation enacted for fiscal year 1983 or for any other fiscal year thereafter shall not apply to projects authorized by the preceding sentence.". DEFINITION SEC. 159. The definition of the term "construction" in section 101(a), title 23, United States Code, is amended by striking the period at the end thereof and inserting in lieu thereof the following: "and also includes costs incurred by the State in performing Federal-aid project related audits which directly benefit the Federal- aid highway program," REPORTS SEC. 160. (a) Section 307 of title 23, United States Code, is amended Submittal to by adding a new subsection (e) as follows: Congress. "(e) The Secretary shall report to the Congress in January 1983, and in January of every second year thereafter, estimates of the future highway needs of the Nation." (b) Section 3 of Public Law 89-139, 79 Stat. 578, August 28, 1965, Repeals. and section 17 of the Federal-Aid Highway Act of 1968 are hereby 23 u s e 101 notes. repealed. 82 Stat. 823. DISCRETIONARY BRIDGE CRITERIA SEC. 161. The Secretary of Transportation shall develop a selection 23 u s e 144 note. process for discretionary bridges authorized to be funded under section 144(g) of title 23, United States Code, and shall propose and issue a final regulation no later than six months after the date of enactment of this Act, including a formula resulting in a rating factor based on the following criteria for such process. Such criteria shall give funding priority to those discretionary bridges already eligible under section 144(g) of title 23, United States Code. Eligible bridges after the issuance of a final regulation shall only include those with a rating factor of one hundred or less, based on a scale of zero to infinity. The criteria for such additional bridges which the Additional Secretary shall consider are: bridges. (1) sufficiency rating computed as illustrated in appendix A of the Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges, USDOT/FHWA (latest edition); (2) average daily traffic using the most current value from the national bridge inventory data; (3) average daily truck traffic; (4) defense highway system status; (5) the State s unobligated balance of funds received under section 144 of title 23, United States Code, and the total funds received under section 144 of title 23, United States Code; (6) total project cost; and
96 STAT. 2136 PUBLIC LAW 97-424—JAN. 6, 1983 (7) special consideration should be given to bridges closed to all traffic or restricted to loads less than ten tons. Other unique considerations and the need to administer the program from a balanced national perspective should also be considered. WITHDRAWAL AND DESIGNATION OF CERTAIN INTERSTATE ROUTES SEC. 162. (a) Notwithstanding the first sentence of section 103(e)(4) of title 23, United States Code, the Secretary of Transportation shall, upon application of the State of New Jersey, withdraw under such section 103(e)(4) his approval of the designation on the National System of Interstate and Defense Highways of the portion of Inter- state Route 95 and Interstate Route 695 from the intersection with Interstate Route 295 in Hopewell Township, Mercer County, New Jersey, to the proposed intersection with Interstate Route 287 in Franklin Township, Somerset County, New Jersey. (b) Notwithstanding any other provision of law, the Secretary of Transportation is authorized and directed, pursuant to section 103 of such title, to designate as part of the Interstate Highway System the New Jersey Turnpike from exit 10 to the interchange with the Pennsylvania Turnpike and the Pennsylvania Turnpike from such interchange to and including the proposed interchange with Inter- state Route 95 in Bucks County, Pennsylvania. (c) The Secretary of Transportation is further authorized and directed to designate the highways described in subsection (b) as Interstate Route 95 and assure through proper sign designations the orderly connection of Interstate Route 95 pursuant to this section. USE OF HIGH OCCUPANCY LANES 23 use 146 note. SEC. 163. Notwithstanding any provision of this Act or any other law, no funds shall be appropriated for the construction or resurfac- ing of Federal aid highways which have lanes designated as carpool lanes unless the use of such lanes includes use by motorcycles. Upon certification by the State to the Secretary of Transportation, the State may restrict such use by motorcycles if such use would create a safety hazard. INFRASTRUCTURE STUDY SEC. 164. (a) The Committee on Public Works and Transportation is authorized to contract for the design and preparation of a National Public Works Inventory and Assessment and a prelimi- nary analysis of relevant, existing data. (b) The Committee on House Administration shall make available not more than $3,000,000 for the purpose specified in subsection (a). BUY AMERICA 23 use 101 note. SEC. 165. (a) Notwithstanding any other provision of law, the Secretary of Transportation shall not obligate any funds authorized to be appropriated by this Act or by any Act amended by this Act or, after the date of enactment of this Act, any funds authorized to be appropriated to carry out this Act, title 23, United States Code, the 49 use 1601 Urban Mass Transportation Act of 1964, or the Surface Transporta- 23 use 101 note *^°^ Assistance Act of 1978 and administered by the Department of Transportation, unless steel, cement, and manufactured products used in such project are produced in the United States.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2137 (b) The provisions of subsection (a) of this section shall not apply where the Secretary finds— (1) that their application would be inconsistent with the public interest; (2) that such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (3) in the case of the procurement of bus and other rolling stock (including train control, communication, and traction power equipment) under the Urban Mass Transportation Act of 1964, that (A) the cost of components which are produced in the 49 USC 1601 United States is more than 50 per centum of the cost of all ^°^- components of the vehicle or equipment described in this para- graph, and (B) final assembly of the vehicle or equipment described in this paragraph has taken place in the United States; (4) that inclusion of domestic material will increase the cost of the overall project contract by more than 10 per centum in the case of projects for the acquisition of rolling stock, and 25 per centum in the case of all otner projects. (c) For purposes of this section, in calculating components' costs, labor costs involved in final assembly shall not be included in the calculation. (d) The Secretary of Transportation shall not impose any limita- tion or condition on assistance provided under this Act, the Urban Mass Transportation Act of 1964, the Surface Transportation Assist- ance Act of 1978, or title 23, United States Code, which restricts any 23 USC lOl note. State from imposing more stringent requirements than this section on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with such assistance or restricts any recipient of such assistance from comply- ing with such State imposed requirements. (e) Section 401 of the Surface Transportation Assistance Act of ^??5j;,„, 1978 is repealed. i ulc'i'"*"" TITLE II note. Highway Safety SHORT TITLE ^^^ °^ ^^^^• SEC. 201. This title may be cited as the "Highway Safety Act of 23 USC 401 note. 1982". HIGHWAY SAFETY AUTHORIZATIONS SEC. 202. The following sums are hereby authorized to be appropriated: (1) For bridge replacement and rehabilitation under section 144 of title 23, United States Code, out of the Highway Trust Fund, $1,600,000,000 (reduced by the amount authorized by section 5(a)(1) of the Federal-Aid Highway Act of 1982) for the fiscal year ending Ante, p. 1612. September 30,1983, $1,650,000,000 for the fiscal year ending Septem- ber 30, 1984, $1,750,000,000 for the fiscal year ending September 30, 1985, $2,050,000,000 for the fiscal year ending September 30, 1986. (2) For projects for elimination of hsizards under section 152 of title 23, United States Code, out of the Highway Trust Fund, $200,000,000 (reduced by the amount authorized by section 5(aX2) of the Federal-Aid Highway Act of 1982) for the fiscal year ending September 30, 1983, $200,000,000 for the fiscal year ending Septem- ber 30, 1984, $200,000,000 for the fiscal year ending September 30, 1985, and $200,000,000 for the fiscal year ending September 30, 1986.
96 STAT. 2138 PUBLIC LAW 97-424—JAN. 6, 1983 HIGHWAY SAFETY Appropriation SEC. 203. (aXD There is hereby authorized to be appropriated for authorization. carrying out section 402 of title 23, United States Code (relating to highway safety programs), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $100,000,000 per fiscal year for each of the fiscal years ending September 30, 1985, and September 30,1986. (2) Out of the funds authorized to be appropriated under para- graph (1) of this subsection for each of the fiscal years ending September 30, 1985, and September 30, 1986, not less than $20,000,000 per fiscal year shall be obligated under section 402 of title 23, United States Code, for the purpose of enforcing the fifty- five-miles-per-hour speed limit established by section 154 of such title. Safety belt (3) Each State shall expend each fiscal year not less than 2 per usage. centum of the amount apportioned to it for such fiscal year of the sums authorized by paragraph (1) of this subsection, for programs to encourage the use of safety belts by drivers of, and passengers in, motor vehicles. (b) Notwithstanding any other provision of law, the total of all obligations for highway safety programs carried out by the National Highway Traffic Safety Administration under section 402 of title 23, United States Code, shall not exceed $100,000,000 per fiscal year for each of the fiscal years ending September 30, 1985, and September 30,1986, and the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000, per fiscal year for each of such fiscal years. 95 Stat. 626. (c) Section 202 of the Highway Safety Act of 1978 is amended as follows: (1) Paragraph (2) is amended by striking out "and September 30, 1984." and inserting in lieu thereof "September 30, 1984, September 30,1985, and September 30,1986.". (2) Paragraph (3) is amended by striking out "and September 30, 1984." and inserting in lieu thereof "September 30, 1984, September 30,1985, and September 30,1986.". (3) Paragraph (5) is amended by striking out "and September 30, 1984." and inserting in lieu thereof "September 30, 1984, September 30,1985, and September 30,1986.". (d) Of the funds authorized to be appropriated by section 202(3) of the Highway Safety Act of 1978 for any fiscal year ending before October 1, 1982, which have not been obligated for expenditure before the date of enactment of this Act, $9,600,000 shall not be available for obligation, and shall no longer be authorized, on and after such date of enactment. 55 M.P.H. BENEFITS STUDY 23 use 154 note. SEC. 204. The Secretary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sci- ences to conduct a comprehensive study and investigation of (1) the benefits, both human and economic, of lowered speeds due to the enactment of the 55 mile per hour National Maximum Speed Limit, with particular attention to savings to the taxpayers, and (2) whether the laws of each State constitute a substantial deterrent to violations of the maximum speed limit on public highways within
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2139 such State. In entering into any arrangement with the National Report to Academy of Sciences for conducting such study and investigation, Secretary and Congress. the Secretary shall request the National Academy of Sciences to report to the Secretary and the Congress not later than twelve months after the date of enactment of this Act on the results of such study and investigation, together with its recommendations. The Secretary shall furnish to such Academy at its request any informa- tion which the Academy deems necessary for the purpose of conduct- ing the investigation and study authorized by this section. RAIL-HIGHWAY CROSSINGS SEC. 205. The first sentence of subsection (b) of section 203 of the 23 u s e 130 note. Highway Safety Act of 1973 (Public Law 93-87), as amended, is amended by inserting "and" after "1979," and by striking out "and September 30, 1982" and all that follows through the period at the end of such sentence and inserting in lieu thereof "September 30, 1982, September 30, 1983, September 30, 1984, September 30, 1985, and September 30,1986.". PUBUC INFORMATION SEC. 206. Section 209 of the Highway Safety Act of 1978 is amend- 23 use 40i note. ed by striking out ", acting through the Administrator of the Federal Highway Administration," each place it appears, in subsec- tion (g) by striking out "Federal Highway Administration to" and inserting in lieu thereof "Secretary of Transportation to", and by adding at the end of such section the following new subsection: "(i) All provisions of chapter 1 of title 23, United States Code, that 23 use lOi et are applicable to Federal-aid primary highway funds, other than *^9- provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsist- ent with this section.". SAFETY PERFORMANCE REPORTS SEC. 207. The Secretary of Transportation shall prepare, publish, Submittal to and submit to Congress not later than December 31 of each calendar Congress. 23 u s e 401 note. year beginning after December 31, 1982, a report on the highway safety performance of each State in the preceding calendar year. Such report shall provide data on highway fatalities and injuries and motor vehicle accidents involving fatalities and injuries and travel in urban areas of each State for each system of highways and in rural areas of such State for each system of highways. Such report shall be in such form and contain such other information on highway accidents as will permit an evaluation and comparison of highway safety performance of the States. For purposes of this section (1) the systems of highways in a State are the Federal-aid primary system, the Federal-aid secondary system, the Federal-aid urban system, and the Interstate System (as such terms are defined in section 101 of title 23, United States Code) and the other high- ways in such State which are not on the Federal-aid system, and (2) Definitions. the terms "State", "rural areas", and "urban area" have the mean- ing such terms have under such section 101.
96 STAT. 2140 PUBLIC LAW 97-424—JAN. 6, 1983 ANNUAL APPORTIONMENT FORMULA SEC. 208. The sixth sentence of section 402(c) of title 23, United States Code, is amended by striking out ", except that the apportion- ments to the Virgin Islands, Guam, and American Samoa shall not be less than one-third of 1 per centum of the total apportionment". MINIMUM DRINKING AGE 23 use 408 note. ggc. 209. The Congress strongly encourages each State to prohibit the sale of alcoholic beverages to persons who are less than 21 years of age. Federal Public T I T L E III Transportation Act of 1982. SHORT TITLE 49 use 1601 SEC. 301. This title may be cited as the "Federal Public Transpor- ^°^- tationActofl982". AUTHORIZATIONS OP APPROPRIATIONS SEC. 302. (a) The Urban Mass Transportation Act of 1964 is 49 use 1618. amended by striking out sections 21 and 22 and inserting in lieu Post, p. 2154. thereof the foUoAving new section: "AUTHORIZATIONS OF APPROPRIATIONS 49 use 1617. "SEC. 21. (a)(1) There is hereby authorized to be appropriated to Post, p. 2141; 49 carry out the provisions of sections 9 and 18 of this Act not to exceed use 1614. $2,750,000,000 for the fiscal year ending September 30, 1984, $2,950,000,000 for the fiscal year ending September 30, 1985, and $3,050,000,000 for the fiscal year ending September 30, 1986, and funds appropriated under this subsection shall remain available until expended. "(2)(A) There shall be available from the Mass Transit Account of Post, p. 2147. the Highway Trust Fund only to carry out sections 9A and 18 of this Act $779,000,000 for fiscal year 1983. "(B) There shall be available from the Mass Transit Account of the Highway Trust Fund only to carry out sections 3, 4(i), 8, and 49 use 1602, 160)) of this Act $1,250,000,000 for fiscal year 1984, $1,100,000,000 for 1603,1607,1612. fls^ai year 1985, and $1,100,000,000 for fiscal year 1986. "(C) Notwithstanding any other provision of law, approval by the Secretary of a grant with funds made available under subpara- graphs (A) and (B) of this paragraph shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of the project. "(3) In fiscal year 1983, 2.93 per centum of the amount made available from the Mass Transit Account of the Highway Trust Fund under paragraph (2) of this subsection shall be available to 49 use 1614. carry out section 18 of the this Act. "(4) In each of fiscal years 1984,1985, and 1986, 2.93 per centum of the amount appropriated from the general fund of the Treasury under paragraph (1) of this subsection shall be available to carry out section 18 of this Act and shall remain available until expended. "(5) Of the funds available for obligation under paragraph (2XB), $50,000,000 shall be used in each of fiscal years 1984, 1985, and 1986 49 use 1607. for the purposes of section 8 of this Act. Nothing herein shall
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2141 prevent the use of additional funds available under this subsection for planning purposes. "(b) There is hereby authorized to be appropriated to carry out sections 6, 10, 11(a), 12(a), and 20 of this Act not to exceed 49usci605, $86,250,000 for the fiscal year ending September 30, 1983, }S?iJ?f''' $86,000,000 for the fiscal year ending September 30, 1984, and ^*'"«'i*'!^ $90,000,000 per fiscal year for each of the fiscal years ending Sep- tember 30, 1985, and September 30, 1986. Sums appropriated pursu- ant to this subsection for financing projects funded under section 6 of this Act shall remain available until expended.". (b) The second sentence of section 4(a) of such Act is amended by 49 use 1603. striking out "80 per centum" and inserting in lieu thereof "75 per centum". (c) Section 4(cX3XA) of such Act is amended by inserting "and" after "September 30,1981;" and by striking out "; and $1,580,000,000 for the fiscal year ending September 30,1983". (d) Section 4(f) of such Act is amended bv striking out "18, 21, and 22," and inserting in lieu thereof "and 18, . (e) Section 4(g) of such Act is amended by striking out "such sums as may be necessary" and inserting in lieu thereof "not to exceed $365,000,000 for the fiscal year ending September 30, 1983, $380,000,000 for the fiscal year ending September 30, 1984, $390,000,000 for the fiscal year ending September 30, 1985, and $400,000,000 for the fiscal year ending September 30,1986,". BLOCK GRANTS SEC. 303. (a) The Urban Mass Transportation Act of 1964 is amended by inserting immediately after section 8 the following new sections: "BLOCK GRANTS "SEC. 9. (aXD Of the amount appropriated from the general fund 49 use I607a. of the Treasury under section 21(a) of this Act, 8.64 per centum shall ^nte, p. 2140. be available for expenditure under this section in each fiscal year only in urbanized areas with a population of less than 200,000. "(2) Of the amount appropriated from the general fund of the Treasury under section 21(a) of this Act, 88.43 per centum shall be available for expenditure under this section in each fiscal year only in urbanized areas with a population of 200,000 or more. "(bXD Of the funds available under subsection (aX2) of this sec- tion, 33.29 per centum shall be avsdlable for expenditure in urban- ized areas of 200,000 population or more in accordance with this subsection. "(2) 95.61 per centum of the amount made available under para- graph (1) of this subsection shall be apportioned as follows: "(A) 60 per centum of the amount so apportioned multiplied by the ratio which the number of fixed guideway revenue vehicle miles attributable to the urbanized area, as determined by the Secretary, bears to the total number of all fixed guideway revenue vehicle miles attributable to all such urban- ized areas; and "(B) 40 per centum of the amount so apportioned multiplied by the ratio which the number of fixed guideway route miles attributable to the urbanized area, as determined by the Secre- tary, bears to the total number of all fixed guideway route miles attributable to all such urbanized areas.
96 STAT. 2142 PUBLIC LAW 97-424—JAN. 6, 1983 No urbanized area in which commuter rail service is provided and which has a population of 750,000 or more shall receive less than 0.75 per centum of the sums made available under this paragraph. Under this paragraph, fixed guideway revenue vehicle or route miles provided, and passengers served thereby, in an urbanized area of less than 200,000 population, where such revenue vehicle miles or route miles and passengers served would otherwise be attributable to an urbanized area with a population of 1,000,000 or more in an adjacent State, shall be attributable to the public body in the State in which such urbanized area of less than 200,000 population is located as if the public body were an urbemized area of 200,000 or more so long as such public body contracts, directly or indirectlv, for Definitions. such service. For the purpose of this subsection, the terms fixed guideway revenue vehicle miles' and 'fixed guideway route miles' shall include ferry boat operations directly or under contract by the designated recipient. "(3) 4.39 per centum of the amount made available for expenditure among urbanized areas of 200,000 population or more under para- graph (1) of this section shall be apportioned as follows: in the ratio that the number of fixed guideway vehicle passenger miles traveled multiplied by the number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in each such urbanized area bears to the sum of the number of fixed guideway vehicle passenger miles traveled multiplied by the number of fixed guideway vehicle passenger miles traveled for each dollar of operat- ing cost in all such urbanized areas. No urbanized area in which commuter rail service is provided and which has a population of 750,000 or more shall receive less than 0.75 per centum of the sums made available under this paragraph. "(cXD Of the funds available under subsection (aX2) of this section, 66.71 per centum shall be available for expenditure in urbanized areas with a population of 200,000 or more in accordance with this subsection. "(2) 90.8 per centum of the amount made available under para- graph (1) of this subsection shall be apportioned as follows: "(A) 73.39 per centum shall be made available for expenditure in only those urbanized areas with a population of 1,000,000 or more, and on the basis of a formula under which such urbanized area will be entitled to receive an amount equal to the sum of^ "(i) 50 per centum of the amount available under this subparagraph multiplied by the ratio which the total bus revenue vehicle miles operated in or directly serving such urbanized area bears to the total bus revenue vehicle miles in all such urbanized areas; "(ii) 25 per centum of such amount multiplied by the ratio which the population of such urbemized area bears to the total population of all such urbanized areas as shown by the latest Federal census; and "(iii) 25 per centum of such amount multiplied by a ratio for that urbanized area determined on the basis of popula- tion weighted by a factor of density, as determined by the Secretary; and Apportionment "(B) 26.61 per centum shall be made available for expenditure formula. in only those urbanized areas with a population of less than 1,000,000 and on the basis of a formula under which such urbanized areas will be entitled to receive an amount equal to the sum of—
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2143 "(i) 50 per centum of the amount available under this subparagraph multiplied by the ratio which the total bus revenue vehicle miles operated in or directly serving such urbanized area bears to the total bus revenue vehicle miles in all such urbanized areas; "(ii) 25 per centum of such amount multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas as shown by the latest available Federal census; and "(iii) 25 per centum of such amount multiplied by a ratio for that urbanized area determined on the basis of popula- tion weighted by a factor of density, as determined by the Secretary, "(3) 9.2 per centum of the amount made available under para- Apportionment graph (1) of this subsection shall be apportioned among urbanized ratio. areas of 200,000 population or more as follows: in the ratio that the number of bus passenger miles traveled multiplied by the number of bus passenger miles traveled for each dollar of operating cost in each such urbanized area bears to the sum of the number of bus passenger miles traveled multiplied by the number of bus passenger miles traveled for each dollar of operating cost in all such urbanized areas. "(d) Funds available under subsection (a)(1) of this section shall be Apportionment apportioned on the basis of a formula under which urbanized areas formula. of less than 200,000 population shall be entitled to receive an amount equal to the sum of— "(1) one-half of the total amount so apportioned multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas as shown by the latest available Federal census; and "(2) one-half of the total amount so apportioned multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary. As used in this section, the term 'density' means the number of "Density." inhabitants per square mile. "(e)(1) The provisions of sections 3(e), 3(f), 3(g), 5(kX3), 12(c), 13, and 49 u s e 1602, 19 shall apply to this section and to every grant made under this 1604, 1608, 1609, 1615. section. No other condition, limitation, or other provision of this Act, other than as provided in this section, shall be applicable to this section and to grants for programs of projects made under this section. "(2) To receive a grant under this section for any fiscal year, a Grant recipients. recipient shall, within the time specified by the Secretary, submit a final program of projects prepared pursuant to subsection (f) and the certifications required by paragraph (3). "(3) Each recipient (including any person receiving funds from a Certification, Governor under this section) shall submit to the Secretary annually annual submittal to a certification that such recipient— Secretary. "(A) has or will have the legal, financial, and technical capac- ity to carry out the proposed program of projects; "(B) has or will have satisfactory continuing control, through operation or lease or otherwise, over the use of the facilities and equipment, and will maintain such facilities and equipment; "(C) will comply with requirements of section 5(m) of this Act; "(D) will give the rate required by section 5(m) of this Act to any person presenting a medicare card duly issued to that
96 STAT. 2144 PUBLIC LAW 97-424—JAN. 6, 1983 person pursuant to title II or title XVIII of the Social Security 42 u s e 401, Act; 1395. "(E) in carrjdng out procurements under this subsection, will use competitive procurements (as defined or approved by the Secretary), will not use procurements utilizing exclusionary or discriminatory specifications, and will carry out procurements in compliance with applicable Buy America provisions; "(F) has complied with the requirements of subsection (f); "(G) has available and will provide the required amount of funds in accordance with subsection (k)(l) of this section and will comply with the requirements of sections 8 and 16 of this 49 u s e 1607, Act; and 1612. "(H) has a locally developed process to solicit and consider public comment prior to raising fares or implementing a major reduction of transit service. Proposed project "(f) Each recipient shall— program. "(1) make available to the public information concerning the Information amount of funds available under this subsection and the pro- availability to public. gram of projects that the recipient proposes to undertake with such funds; "(2) develop a proposed program of projects concerning activi- ties to be funded in consultation with interested parties, includ- ing private transportation providers; "(3) publish a proposed program of projects in such a manner to afford affected citizens, private transportation providers, and as appropriate, local elected officials an opportunity to examine its content and to submit comments on the proposed program of projects and on the performance of the recipient; and Hearing. "(4) afford an opportunity for a public hearing to obtain the views of citizens on the proposed program of projects. In preparing the final program of projects to be submitted to the Secretary, the recipient shall consider any such comments and views, particularly those of private transportation providers, and shall, if deemed appropriate by the recipient, modify the proposed program of projects. The final program of projects shall be made available to the public. Reviews and "(gXD The Secretary shall, at least on an annual basis, conduct, or audits. require the recipient to have independently conducted, reviews and audits as may be deemed necessary or appropriate by the Secretary to determine whether— "(A) the recipient has carried out its activities submitted in accordance with subsection (eX2) in a timely and effective manner and has a continuing capacity to carry out those activi- ties in a timely and effective manner; and "(B) the recipient has carried out those activities and its certifications and has used its Federal funds in a manner which is consistent with the applicable requirements of this Act and other applicable laws. Audits of the use of Federal funds shall be conducted in accordance with the auditing procedures of the General Accounting Office. "(2) In addition to the reviews and audits described in paragraph (1), the Secretary shall, not less than once every three years, per- form a full review and evaluation of the performance of a recipient in carrjdng out the recipient's program, with specific reference to compliance with statutory and administrative requirements, and consistency of actual program activities with the proposed program
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 214^ of projects required under subsection (e)(2) of this section and the planning process required under section 8. 49 USC 1607. "(3) The Secretary may make appropriate adjustments in the amount of annual grants in accordance with the Secretary's findings under this subsection, and may reduce or withdraw such assistance or take other action as appropriate in accordance with the Secre- tary's review, evaluation, and audits under this subsection. (4) No grant shall be made under this section to any recipient in any fiscal year unless the Secretary has accepted a certification for such fiscal year submitted by such person pursuant to subsection (e) of this section. "(h) The provisions of section 1001 of title 18, United States Code, False or apply to any certification or submission under this section. In fraudulent statements. addition, if any false or fraudulent statement or related act within the meaning of section 1001 of title 18, United States Code, is made in connection with a certification of submission under this subsec- tion, the Secretary may terminate and seek appropriate reimburse- ment of the affected grant or grants directly or by offsetting funds available under this subsection. "(i) A recipient may request the Secretary to approve its procure- ment system. If, after consultation with the Office of Federal Pro- curement Policy, the Secretary finds that such system provides for competitive procurement, the Secretary shall approve such system for use for all procurements financed under this section. Such approval shall be binding until withdrawn. A certification from the recipient under subsection (e)(3)(E) is still required. "(j) Grants under this section shall be available to finance the Grants. planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items for use, by operation or lease or otherwise, in mass transporta- tion service, including the renovation and improvement of a historic transportation facility with related private investment. As used in "Associated this section, the term 'associated capital maintenance items' means capital maintenance any equipment and materials each of which costs no less than 1 per items." centum of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and materials are to be used. "(k)(l) The Federal grant for any construction project (including Federal grant. capital maintenance items) under this section shall not exceed 80 per centum of the net project cost of such project. The Federal grant for any project for operating expenses shall not exceed 50 per centum of the net project cost of such project. The remainder shall be provided in cash from sources other than Federal funds or revenues from the operation of public mass transportation systems. Any public or private transit system funds so provided shall be solely from undistributed cash surpluses, replacement or depreci- ation funds or reserves available in cash, or new capital. "(2) The amount of funds apportioned under this section which may be used for operating assistance shall not exceed 80 per centum of the amount of funds apportioned in fiscal year 1982 under paragraphs dXA), (2XA), and (3XA) of section 5(a) of this Act to an 49 USC 1604. urbanized area with a population of 1,000,000 or more, 90 per centum of funds so apportioned to an urbanized area with a popula- tion of 200,000 or more and less than 1,000,000 population; and 95 per centum of funds so apportioned to an urbanized area of less than 200,000 population. Notwithstanding the preceding sentence, an urbanized area that became an urbanized area for the first time
96 STAT. 2146 PUBLIC LAW 97-424—JAN. 6, 1983 under the 1980 census may use not to exceed 40 per centum of its apportionment under this section for operating assistance. "(3) Notwithstanding any other provision of law, the amount of 49 u s e 1604. funds apportioned under section 5 of this Act and available for operating assistance in fiscal year 1983 in an urbanized area shall be subject to the limitations set forth in paragraph (2) of this subsec- tion. Subject to the limitation in the preceding sentence, funds apportioned under section 5(aX4) of this Act in fiscal year 1983 may be used for operating assistance. Apportionment "(IXIXA) Notwithstanding the provsions of subsection (kXD, any for capital recipient may, in fiscal years 1983 and 1984, transfer, for use for assistance, transfer. operating assistance, a portion of its apportionment under this section that otherwise is available only for capital assistance, except that the recipient's total operating assistance under this section (including any amounts transferred from its capital apportionment) for the fiscal year in which the transfer occurs shall not exceed the amount of Federal funds such recipient was apportioned under sections 5(aXlXA), 5(aX2XA), and 5(aX3XA) of this Act for the fiscal year ending September 30, 1982. The total operating assistance under this section (including any amounts transferred from its capital apportionment) for a recipient in an urbanized area that became an urbanized area for the first time under the 1980 census may not exceed 50 per centum of its apportionment under this section. "(B) Notwithstanding any other provision of law, a recipient may use its capital apportionment under section 5(aX4) of this Act in fiscal year 1983 for purposes of carrying out a transfer under this subsection. No source of capital assistance under this Act (other than under section 5(aX4)) may be used for such a transfer in such fiscal year. "(2) Any recipient that intends to carry out a transfer under this subsection shall, at the time it submits a proposed program of projects to the Secretary under subsection (eX2)— Public notice. "(A) certify that it has provided public notice of its intent to transfer its capital apportionment (including notice of the fund- ing reductions resulting from utilization of this subsection and other requirements of this subsection) and provided an opportu- nity for public comment; and Three-year plan. ' (B) certify that it has developed a three-year plsin to assure that in the fiscal year ending September 30, 1985, it will not need to use and will not use its capital apportionment for operating assistance. Discretionary "(3) Whenever any recipient transfers its capital apportionment grants. for operating assistance in accordance with the requirements of this subsection, two-thirds of the amount transferred shall be available to the recipient for operating assistance and the remaining one-third amount shall be available to the Secretary to make discretionary grants under this section. In msiking such discretionary grants, first priority shall be given to any urbanized area that is apportioned an amount under this section in fiscal year 1983 which is less than the amount such urbanized area was apportioned under section 5 of this Act for the fiscal year ending September 30, 1982. Any amounts remaining shall be available for discretionary construction grants under this section subject to the second and third sentences of 49 u s e 1603. section 4(a). Authority "(4) The authority of recipients to use the provisions of this termination. paragraph shall terminate on September 30,1984.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2147 "(mXD The Governor, responsible local officials, and publicly owned operators of mass transportation services in accordance with the planning process required under section 8 of this Act shall 49 u s e 1607. designate a recipient or recipients to receive and dispense the funds appropriated under this section that are attributable to urbanized areas of 200,000 or more population. In any case in which a statewide or regional agency or instrumentality is responsible under State laws for the financing, construction and operation, directly, by lease, contract, or otherwise, of public transportation services, such agency or instrumentality shall be the recipient to receive and dispense such funds. As used in this section, the term 'designated "Designated recipient' shall refer to a recipient selected according to the proce- recipient." dures required by this section or to a recipient designated in accord- ance with section 5(bXl) of this Act prior to the date of enactment of 49 u s e 1604. this section. "(2) Sums apportioned under this subsection not made available for expenditure by designated recipients in accordance with the terms of paragraph (1) shall be made available to the Governor for expenditure in urbanized areas with populations of less than 200,000. "(nXD The Governor may transfer an amount of the State's apportionment under subsection (d) to supplement funds appor- tioned to the State under section 18(a) of this Act, or to supplement 49 u s e 1614. funds apportioned to urbanized areas with populations of 300,000 or less under this subsection. The Governor may make such transfers only after consultation with responsible local officials and publicly owned operators of mass transportation services in each area to which the funding was originally apportioned pursuant to subsec- tion (d). The Governor may transfer an amount of the State's apportionment under section 18(a) to supplement funds apportioned to the State under subsection (d). Amounts transferred shall be subject to the capital and operating assistance limitations applicable to the original apportionments of such amounts, "(2) A designated recipient for an urbanized area of 200,000 or more population may transfer its apportionment under this section, or a portion thereof, to the Governor. The Grovernor shall distribute Distribution to any such apportionment to urbanized areas in the State, including urbanized areas. areas of 200,000 or more population, in accordance with this section. Amounts transferred shall be subject to the capital and operating assistance limitations applicable to the original apportionment of such amounts. "(o) Sums apportioned under this section shall be available for obligation by the recipient for a period of three years following the close of the fiscal year for which such sums are apportioned. Any amounts so apportioned remaining unobligated at the end of such period shall be added to the amount available for apportionment under this section for the succeeding fiscal year. MASS TRANSIT ACCOUNT DISTRIBUTION "SEC. 9 A . (aXD Of the amount made available from the Mass 49 u s e 1607a-l. Transit Account of the Highway Trust Fund under section 21(a) of this Act in fiscal year 1983, 8.64 per centum shall be available for Ante, p. 2140. expenditure under this section in such fiscal year only in urbanized areas with a population of less than 200,000. "(2) Of the amount made available from the Mass Transit Account of the Highway Trust Fund under section 21(a) of this Act in fiscal
96 STAT. 2148 PUBLIC LAW 97-424—JAN. 6, 1983 year 1983, 88.43 per centum shall be available for expenditure under this section in such fiscal year only in urbanized areas with 200,000 population or more. "(bXD Of the funds available under subsection (a)(2) of this sec- tion, 66.71 per centum shall be apportioned among urbanized areas with 200,000 population or more as follows: "(A) 73.39 per centum shall be made available for expenditure in only those urbanized areas with a population of 1,000,000 or more, and on the basis of a formula under which such urbanized area will be entitled to receive an amount equal to the sum of— "(i) 50 per centum of the amount available under this subparagraph multiplied by the ratio which the total bus revenue vehicle miles operated in or directly serving such urbanized area bears to the total bus revenue vehicle miles in all such urbanized areas; "(ii) 25 per centum of such amount multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas as shown by the latest Federal census; and "(iii) 25 per centum of such amount multiplied by a ratio for that urbanized area determined on the basis of popula- tion weighted by a factor of density, as determined by the Secretary; and "(B) 26.61 per centum shall be made available for expenditure in only those urbanized aresis with a population of less than 1,000,000 and on the basis of a formula under which such urbanized area will be entitled to receive an amount equal to the sum of— "(i) 50 per centum of the amount available under this subparagraph multiplied by the ratio which the total bus revenue vehicle miles operated in or directly serving such urbanized area bears to the total bus revenue vehicle miles in all such urbanized areas; "(ii) 25 per centum of such amount multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas as shown by the latest available Federal census; and "(iii) 25 per centum of such amount multiplied by a ratio for that urbanized area determined on the basis of popula- tion weighted by a factor of density, as determined by the Secretary. "(2) Of the funds available under subsection (a)(2) of this section, 33.29 per centum shall be apportioned among urbanized areas of 200,000 population or more as follows: "(A) 60 per centum of the amount so apportioned multiplied by the ratio which the number of fixed guideway revenue vehicle miles attributable to the urbanized area, as determined by the Secretary, bears to the total number of all fixed guideway revenue vehicle miles attributable to all such urban- ized areas; and "(B) 40 per centum of the amount so apportioned multiplied by the ratio which the number of fixed guideway route miles attributable to the urbanized area, as determined by the Secre- tary, bears to the total number of all fixed guideway route miles attributable to all such urbanized areas.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2149 No urbanized area in which commuter rail service is provided and which has a population of 750,000 or more shall receive less than 0.75 per centum of the sums made available under this paragraph. Under this paragraph, fixed guideway revenue vehicle or route miles provided, and passengers served thereby, in an urbanized area of less than 200,000 population, where such revenue vehicle miles or route miles and passengers served would otherwise be attributable to an urbanized area with a population of 1,000,000 or more in an adjacent State, shall be attributable to the public body in the State in which such urbanized area of less than 200,000 population is located as if the public body were an urbanized area of 200,000 or more so long as such public body contracts, directly or indirectly, for such service. For the purpose of this paragraph, the terms fixed Definitions. guideway revenue vehicle miles' and 'fixed guideway route miles' shall include ferry boat operations directly or under contract by the designated recipient. "(c) Funds available under subsection (a)(1) of this section shall be apportioned on the basis of a formula under which urbanized areas of less than 200,000 population shall be entitled to receive an amount equal to the sum of— "(1) one-half of the total amount so apportioned multiplied by the ratio which the population of such urbanized area bears to the total population of all such urbanized areas in all the States as shown by the latest available Federal census; and "(2) one-half of the total amount so apportioned multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary. As used in this section, the term 'density' means the number of "Density." inhabitants per square mile. "(d)(1) The provisions of subsections (e), (f), (g), (h), (i), (m), and (n) Grants. of section 9 of this Act shall apply to grants made under this section, Ante, p. 2141. "(2)(A) Grants under this section shall be made for the purposes described in subsection (j) of section 9 of this Act, except that such grants may not be used for payment of operating expenses. "(B) The Federal grant for any project under this section shall not exceed 80 per centum of the net project cost of such project. "(3) The provisions of subsection (o) of section 9 shall apply to grants made under this section, except that amounts remaining unobligated at the end of the 3-year period shall be added to the amount available under section 3 for the succeeding fiscal year.". EXISTING CAPITAL GRANT PROGRAM SEC. 304. (a) Section 3(a)(2XA) of the Urban Mass Transportation Act of 1964 is amended— 49 u s e 1602. (1) by striking out "and" at the end of clause (i); (2) by striking out the period at the end of clause (ii) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(iii) sufficient capability to maintain the facilities and equipment.", (b) Section 3(a) of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following: "(5) The Secretary shall take into account the adverse effect of decreased commuter rail service in considering applications for assistance under this section for the acquisition of rail lines and all
96 STAT. 2150 PUBLIC LAW 97-424—JAN. 6, 1983 related facilities used in providing commuter rail service which are owned by a railroad subject to reorganization under title 11, United States Code. "(6) In making grants under this section in fiscal year 1983, the Secretary shall, to the extent practicable, emphasize projects that are labor intensive and that can begin construction or manufactur- ing within the shortest possible time.". 49 use 1611. (c) Section 15(b) of the Urban Mass Transportation Act of 1964 is amended by striking out "section 5" and inserting in lieu thereof 49 use 1604. "section 5 or 9". Ante, p. 2141. ^ LETTERS OF INTENT SEC. 305. Section 3(aX4) of the Urban Mass Transportation Act of 49 use 1602. 1964 is amended— (1) by inserting after the first sentence thereof the following: "At least thirty days prior to the issuance of a letter of intent under this paragraph, the Secretary shall notify, in writing, the Committee on Public Works and Transportation of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, of the proposed issuance of such letter of intent."; (2) by striking out "in section 4(c)" and inserting in lieu thereof the following "to carry out section 3"; and (3) by adding at the end thereof the following: "Funding for projects covered by letters of intent or letters of commitment issued, and full funding contracts executed, prior to the date of Ante, p. 2140. enactment of the Federal Public Transportation Act of 1982 should be funded under this section while not precluding the funding of a portion of such projects using section 9 capital funds unless such funding would impair the recipient's ability to fund routine capital projects under such section. Notwith- standing the provisions of section 4(a), the Federal share of the total project cost of any project under this section covered by a full funding contract, letter of intent, or letter of commitment in effect on the date of enactment of the Federal Public Trans- portation Act of 1982, or those projects within the federally agreed upon scope for the Washington, District of Columbia, metropolitan area transit system (as of such date), shall not be altered.". RESEARCH AND TRAINING GRANTS SEC. 306. (a) Section 4(d) of the Urban Mass Transportation Act of 49 use 1603. 1964 is amended by striking out "September 30, 1981, and Septem- ber 30,1982" and inserting in lieu thereof "and September 30, 1981, $5,000,000 for the fiscal year ending September 30, 1984, and $10,000,000 per fiscal year for each of the fiscal years ending Sep- tember 30,1985, and September 30,1986". 49 use 1607c. (b) Section 11(b)(5) of such Act is amended to read as follows: "(5) As a condition to project approval, the amount of the Federal grant must be equally matched from other than Federal funds.". (c) The first sentence of section ll(bX7) of such Act is amended by inserting ", which include bona fide research and training in urban transportation" before the period.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2151 AVAILABILITY OF FUNDS—URBAN MASS TRANSIT PROGRAM SEC. 307. Section 5 of the Urban Mass Transportation Act of 1964 is amended— 49 use 1604. (1) by adding immediately after subsection (cX4) the following: "(5) Apportionments under this section for fiscal year 1975 shall be deemed to have lapsed on September 30, 1977, and apportion- ments under this section for fiscal year 1976 shall be deemed to have lapsed on September 30,1978."; and (2) by adding at the end thereof the following new subsection: "(o) Notwithstanding any other provision of this section, any sums apportioned under this section before October 1,1982, and available for expenditure in any urbanized area or part thereof on such date shall remain available for expenditure in such area or part in accordance with the provisions of this section until September 30, 1985. Any sums so apportioned remaining unobligated on October 1, 1985, shall be added to amounts available for apportionment under section 9 of this Act for the fisced year ending September 30, 1986.". Ante, p. 2141. COMPETmVE PROCUREMENT SEC. 308. Paragraph (2) of subsection (b) of section 12 of the Urban Mass Transportation Act of 1964 is amended to read as follows: 49 u s e 1608. "(2) In lieu of requiring that contracts for the acquisition of rolling stock be awarded based on consideration of performance, standardi- zation, life-cycle costs and other factors, or on the basis of lowest initial capital cost, such contracts may be awarded based on a competitive procurement process. The Secretary shall report to Report to Congress within a year of enactment of the Federal Public Transpor- eongress. tation Act of 1982 on any legislative or administrative revisions Ante, p. 2140. required to ensure that procurement procedures are fair and com- petitive.". DEFINITIONS SEC. 309. (a) Section 12(cXl) of the Urban Mass Transportation Act of 1964 is amended bv inserting before the semicolon at the end 49 u s e 1608. thereof the following: , and such term also means any bus rehabili- tation project which extends the economic life of a bus five years or more". (b) Section 12(cX2) of the Urban Mass Transportation Act of 1964 is amended by inserting "or rails" immediately after "separate right-of-way" and by striking out the semicolon at the end of such section and inserting in lieu thereof a comma and the following: "and also means a public transportation facility which uses a fixed catenary system and utilizes a right-of-way usable by other forms of transportation;". PERFORMANCE REPORTS SEC. 310. (a) The Secretary of Transportation shall report to Submittal to Congress in January of 1984 and in January of every second year eongress. thereafter his estimates of the current performance and condition of 49 u s e 1601c. public mass transportation systems together with recommendations for any necessary administrative or legislative revisions. (b) In reporting to Congress pursuant to this section, the Secretary Public shall prepare a comprehensive assessment of public transportation transportation facilities, facilities in the United States. The Secretary shall also assess future assessment. needs for such facilities and estimate future capital requirements
96 STAT. 2152 PUBLIC LAW 97-424—JAN. 6, 1983 and operation and maintenance requirements for one-, five-, and ten-year periods at specified levels of service. CONSTRUCTION CONDITION Financial SEC. 311. The Secretary of Transportation shall only make availa- assistance. ble Federal financial assistance to the Metropolitan Atlanta Rapid Trcinsit Authority for the construction of the proposed fixed rail line from Doraville, Georgia, to the Atlanta Hartsfield International Airport on the condition that the portion of such line extending north from Lenox Station to Doraville and the portion of such line extending south from Lakewood Station to the Atlanta Hartsfield International Airport will be constructed simultaneously in usable segments so that revenue passenger service to Doraville and such airport shall commence at approximately the same time. This sec- tion shall apply until priorities different from those set forth in the preceding sentence are adopted after September 30,1983, by a valid act of the Georgia Grenered Assembly and by a valid resolution of the Board of the Metropolitan Atlanta Rapid Transit Authority. LOAN REPAYMENT SEC. 312. (a) The Massachusetts Bay Transportation Authority shall have no obligation to repay the United States 80 per centum of the principal and the interest owed on the following loans entered into with the Secretary of Transportation under the Urban Mass 49 u s e 1601 Tremsportation Act of 1964 for the acquisition of rights-of-way: the note. loan numbered MA03-9001 entered into on January 26, 1973, and the loan numbered MA23-9010 entered into on December 20, 1976. Ot)Xl) The Secretary of Transportation may convert the remaining 20 per centum of the principal and interest owed on the loans described in subsection (a) to grants under the conditions set forth in paragraph (2), (2) In lieu of the local matching share otherwise required, the grant agreement may provide that State or local funds shsdl be committed to public transportation projects in the urbanized area, on a schedule acceptable to the Secretary of Transportation, in an amount equal to the local share that would have been required had the amount of principal and interest forgiven under subsection (a) been the Federal share of a capital grant made when the original loan was made. The State or local funds contributed under the terms of the preceding sentence shall be made available for capital projects eligible for funding under section 3(a) of the Urban Mass Transpor- 49 u s e 1602. tation Act of 1964 and may not be used to satisfy the local matching requirements for any other grant project. A D V A N C E A C Q U I S I T I O N O F RIGHTS-OF-WAY SEC. 313. Section 3(aXlXA) of the Urban Mass Transportation Act 49 use 1602. of 1964 is amended by striking out "and" the second place it appears and by inserting immediately before the semicolon at the end thereof the following: ", and the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in advanced stages of any such detailed alternatives analyses or pre- liminary engineering".
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 21153 FEASIBILITY STUDY SEC. 314. (a) The Secretary of Transportation shall make a grant Grant. to the Massachusetts Bay Transportation Authority to conduct a feasibility study to examine the possibility of replacing either any or all three of the existing electric trolley bus lines (and thereby eliminating the overhead power lines) in Cambridge, Massachusetts, with the more advanced and equally environmentally sound electric bus technology that is being developed in the State of California for the Santa Barbara transit system. (b) Notwithstanding section 21(aX2) of the Urban Mass Transpor- tation Act of 1964, of the amount made available by such section Ante, p. 2140. 21(aX2) for the fiscal year ending September 30,1983, $500,000 shall be available only to carry out this section and such amount shall remain available until expended. STUDY OF LONG-TERM LEVERAGE FINANCING SEC. 315. The Secretary of Transportation shall conduct a study on the feasibility of providing an assured flow of Federal funds under long-term contracts with local or State transit authorities for use in leveraging further capital assistance from State or local government or private sector sources. Within six months of the date of enact- Report to ment of this Act, the Secretary shall submit to the Committee on congressional committees. Banking, Housing, and Urban Affairs of the Senate and the Commit- tee on Public Works and Transportation of the House a report of such study. FORMULA GRANTS FOR NONURBANIZED AREAS SEC. 316. (a) Section 18(a) of the Urban Mass Transportation Act of 1964 is amended by striking out "appropriated pursuant to section 49 u s e 1614. 4(e) of this Act" and inserting in lieu thereof "made available under section 21(a) of this Act to carry out this section". Ante, p. 2140. (b) Section 18(c) of the Urban Mass Transportation Act of 1964 is amended by striking out "three years" in the first sentence and inserting in lieu thereof "two years". ASSISTANCE TO MEET SPECIAL NEEDS OF ELDERLY AND HANDICAPPED PERSONS SEC. 317. (a) Section 16(b) of the Urban Mass Transportation Act of 1964 is amended by striking out "section 4(cX3) of this Act, 2 per 49 u s e 1612. centum" and inserting in lieu thereof "section 21(aX2) of this Act, 3.5 per centum". (b) The amendment made by subsection (a) of this section shall Effective date. take effect October 1,1983. 49 u s e 1612 note. (c) Section 16 of the Urban Mass Transportation Act of 1964 is Publication in amended by adding at the end thereof the following: Federal "(c) In canying out subsection (a) of this section, section 165(b) of Register. the Federal-Aid Highway Act of 1973, and section 504 of the Reha- 23 u s e 142 note. bilitation Act of 1973 (consistent with any applicable Government- 29 u s e 794. wide standards for the implementation of such section 504), the Secretary shall, not later than ninety days after the date of the enactment of this subsection, publish in the Federal Register for public comment, proposed regulations and, not later than one hun- dred and eighty days after the date of such enactment, promulgate
96 STAT. 2154 PUBLIC LAW 97-424—JAN. 6, 1983 final regulations, establishing (1) minimum criteria for the provision of transportation services to handicapped and elderly individuals by recipients of Federal financial assistance under this Act or under any provision of law referred to in section 165(b) of the Federal-Aid 23 use 142 note. Highway Act of 1973, and (2) procedures for the Secretary to moni- tor recipients' compliance with such criteria. Such regulations shall include provisions for ensuring that organizations and groups repre- senting such individuals are given adequate notice of and opportunity to comment on the proposed activities of recipients for the purpose of achieving compliance with such regulations.". REPEAL OF SAFETY AUTHORITY Repeal. SEC. 318. (a) Section 107 of the National Mass Transportation 49 use 1604a. Assistance Act of 1974 (Public Law 93-503) is repealed. (b) The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new section: "SAFETY AUTHORITY 49 use 1618. "SEC. 22. The Secretary may investigate conditions in any facility, equipment, or manner of operation financed under this Act which the Secretary believes creates a serious hazard of death or injury. The investigation should determine the nature and extent of such conditions and the means which might best be employed to correct or eliminate them. If the Secretary determines that such conditions do create such a hazard, he shall require the local public body which has received funds under this Act to submit a plan for correcting or eliminating such condition. The Secretary may withhold further financial assistance under this Act from the local public body until he approves such plan and the local public body implements such plan.'^ TITLE IV PART A—COMMERCIAL MOTOR VEHICLE SAFETY DEFINITIONS 49 use 2301. SEC. 401. For purposes of this part, unless the context otherwise requires, the term— (1) "commercial motor vehicle" means any self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo— (A) if such vehicle has a gross vehicle weight rating of ten thousand or more pounds; (B) if such vehicle is designed to transport more than ten passengers, including the driver; or (C) if such vehicle is used in the transportation of materi- als found by the Secretary to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amend- ed (49 U.S.C. 1801 et seq.); (2) "employee" means— (A) a driver of a commercial motor vehicle (including an independent contractor while in the course of personally operating a commercial motor vehicle); (B) a mechanic; (C) a freight handler; or (D) any individual other than an employer;
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2155 who is employed by a commercial motor carrier and who in the course of his employment directly affects commercial motor vehicle safety, but such term does not include an employee of the United States, any State, or a political subdivision of a State who is acting within the course of such emplo)anent, nor does such term include an individual employed by a commercial motor carrier engaged in the transportation of passengers; (3) "employer" means any person engaged in a business affecting commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it in commerce, but such term does not include the United States, any State, or a political subdivision of a State; (4) "person" means one or more individuals, partnerships, associations, corporations, business trusts, or any other orga- nized group of individuals; (5) "Secretary" means the Secretary of Transportation; and (6) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, or the Commonwealth of the Northern Marianas. GRANTS TO STATES SEC. 402. (a) Under the terms and conditions of this section, 49 use 2302. subject to the availability of funds, the Secretary is authorized to make grants to States for the development or implementation of programs for the enforcement of Federal rules, regulations, stand- ards, and orders applicable to commercial motor vehicle safety and compatible State rules, regulations, standards, and orders. (bXD The Secretary shall formulate procedures for any State to Enforcement submit a plan whereby the State agrees to adopt, and to assume plan. responsibility for enforcing Federal rules, regulations, standards, and orders applicable to commercial motor vehicle safety, or com- patible State rules, regulations, standards, and orders. Such plan Plan objectives. shall be approved by the Secretary if, in the Secretary's judgment, the plan is adequate to promote the objectives of this section, and the plan— (A) designates the State motor vehicle safety agency responsi- ble for administering the plan throughout the State; (B) contains satisfactory assurances that such agency has or will have the legal authority, resources, and qualified personnel necessary for the enforcement of such rules, regulations, stand- ards, and orders; (C) gives satisfactory assurances that such State will devote adequate funds to the administration of such plan and enforce- ment of such rules, regulations, standards, and orders; (D) provides a right of entry and inspection sufficient to enforce such rules, regulations, standards, and orders; (E) provides that all reports required pursuant to this section be submitted to the State agency, and that such agency make available upon request to the Secretary all such reports; (F) provides that such State agency will adopt such uniform reporting requirements and use such uniform forms for record- keeping, inspections, and investigations as may be established and required by the Secretary; and
96 STAT. 2156 PUBLIC LAW 97-424—JAN. 6, 1983 (G) requires registrants of commercial motor vehicles to make a declaration of knowledge of applicable Federal and State safety rules, regulations, standards, and orders. (2) If a plan submitted under paragraph (1) of this subsection is rejected, the Secretary shsdl provide the State a written explanation of the Secretary's action and shall permit the State to modify and resubmit its proposed plan for approval, in accordance with the procedures formulated in such paragraph. Continuing (c) The Secretary shall, on the basis of reports submitted by the evaluation. State agency, and on the Secretary's own inspections, make a continuing evaluation of the manner in which each State with a Disapproval plan approved under this section is canning out such plan. When- notice. ever the Secretary finds, after affording due notice and opportunity for comment, that a State plan previously approved is not being followed or that it has become inadequate to Eissure the enforcement of Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or compatible State rules, regula- tions, standards, or orders, he shall notify the State of withdrawal of approval of such plan. Upon receipt of such notice such plan shall Judicial review. cease to be in effect. Any State aggrieved by a determination of the SecretEiry pursueint to this subsection may seek judicial review 5 u s e 701 et seq. pursuant to chapter 7 of title 5, United States Code. The State may, however, retain jurisdiction in any administrative or judicial enforcement proceeding commenced before the withdrawal of the plan whenever the issues involved do not directly relate to the reasons for the withdrawal of approval of the plan. (d) The Secretary shall not approve any plan under this section which does not provide that the aggregate expenditure of funds of the State and political subdivisions thereof, exclusive of Federal funds, for commercial motor vehicle safety programs will be main- tained at a level which does not fall below the average level of such expenditure for its last two full fiscal years preceding the date of enactment of this section. FEDERAL SHARE OF COSTS 49 use 2303. SEC. 403. By grants authorized under this peirt, the Secretary shall reimburse any State an amount not to exceed 80 per centum of the costs incurred by that State in that fiscal year in the development and implementation of programs to enforce commercial motor vehi- cle rules, regulations, standards, or orders adopted pursuant to this title. The funds of the State and political subdivisions thereof which are required to be expended under section 402(d) of this title shall not be considered to be part of the non-Federal share. The Secretary is authorized to allocate, among the States whose applications for grants have been approved, those amounts appropriated for grants to support such programs, pursuant to such criteria as may be established. AUTHORIZATIONS 49 use 2304. SEC. 404. To carry out the purposes of section 402 of this title, there is authorized to be appropriated out of the Highway Trust Fund not to exceed $10,000,000 in the fiscal year ending September 30, 1984, not to exceed $20,000,000 in the fiscal year ending Septem- ber 30, 1985, not to exceed $30,000,000 in the fiscal year ending September 30, 1986, not to exceed $40,000,000 in the fiscal year ending September 30, 1987, and not to exceed $50,000,000 in the
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2157 fiscal year ending September 30, 1988. Appropriated funds author- Reimbursement ized by this section shall be used to reimburse States pro rata for the to States. Federal share of costs incurred. Grants made pursuant to the au- thority of this part shall be for periods not to exceed one fiscal year, ending at the end of a fiscal year. PROTECTION OF EMPLOYEES SEC. 405. (a) No person shall discharge, discipline, or in any Discrimination. manner discriminate against any employee with respect to the 49 u s e 2305. employee's compensation, terms, conditions, or privileges of employ- ment because such employee (or any person acting pursuant to a request of the employee) has filed any complaint or instituted or caused to be instituted any proceeding relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order, or has testified or is about to testify in any such proceeding. (b) No person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee's compensation, terms, conditions, or privileges of emplojonent for refusing to operate a vehicle when such operation constitutes a violation of any Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or health, or because of the employee's reasonable apprehension of serious injury to himself or the public due to the unsafe condition of such equipment. The unsafe conditions causing the employee's apprehension of Unsafe injury must be of such nature that a reasonable person, under the conditions. circumstances then confronting the employee, would conclude that there is a bona fide danger of an accident, injury, or serious impair- ment of health, resulting from the unsafe condition. In order to qusilify for protection under this subsection, the employee must have sought from his employer, and have been unable to obtain, correc- tion of the unsafe condition. (cXD Any employee who believes he has been discharged, disci- Filing of plined, or otherwise discriminated against by any person in viola- complaint. tion of subsection (a) or (b) of this section may, within one hundred and eighty days after such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary of Labor alleging sucn discharge, discipline, or discrimina- tion. Upon receipt of such a complaint, the Secretary of Labor shall notify the person named in the complaint of the filing of the complaint. (2XA) Within sixty days of receipt of a complaint filed under Investigation. paragraph (1) of this subsection, the Secretary of Labor shall con- duct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify the com- plainant and the person alleged to have committed a violation of this section of his findings. Where the Secretary of Labor has concluded that there is reasonable cause to believe that a violation has occurred, he shall accompany his findings with a preliminary order providing the relief prescribed by subparagraph (B) of this paragraph. Thereafter, either the person alleged to have committed Hearing request. the violation or the complainant may, within thirty days, file objec- tions to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be expeditiously conducted. Where a hearing is not timely requested, the preliminary order
96 STAT. 2158 PUBLIC LAW 97-424—JAN. 6, 1983 shall be deemed a final order which is not subject to judicial review. Final order. Upon the conclusion of such hearing, the Secretary of Labor shall issue a final order within one hundred and twenty days. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person alleged to have committed the violation. Complainant, (B) If, in response to a complaint filed under paragraph (1) of this reinstatement to subsection, the Secretary of Labor determines that a violation of former position. subsection (a) or (b) of this section has occurred, the Secretary of Labor shall order (i) the person who committed such violation to take affirmative action to abate the violation, (ii) such person to reinstate the complainant to the complainsmt's former position together with the compensation (including back pay), terms, condi- tions, and privileges of the compl£iinant's employment, and (iii) compensatory damages. If such an order is issued, the Secretary of Labor, at the request of the complainant may assess against the person against whom the order is issued a sum equal to the aggre- gate amount of all costs and expenses (including attorney's fees) reasonably incurred, as determined by the Secretary of Labor, by the complednant for, or in connection with, the bringing of the complaint upon which the order was issued. Review. (dXD Any person adversely affected or aggrieved by an order issued after a hearing under subsection (c) of this section may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within sixty dajrs from the issuance of the Secretary of Labor's order. Such review shall be in accordance with the provisions of 5 use 101 etseq. chapter 7 of title 5, United States Code, and shall be heard and decided expeditiously. (2) An order of the Secretary of Labor, with respect to which review could have been obtained under this section, shall not be subject to judicial review in any criminal or other civil proceeding. Civil action. (e) Whenever a person heis failed to comply with an order issued under subsection (cX2) of this section, the Secretary of Labor shall file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subsection, the district courts shall have jurisdiction to grant all appropriate relief, including injunctive relief, reinstatement, and compensatory damages. Civil actions brought under this subsection shall be heard and decided expeditiously. MINIMUM FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 49 u s e 10927 SEC. 406. (a) Section 30 of the Motor Carrier Act of 1980 is note. amended in subsections (a) and (b) by striking out "two-year period" each place it appears and inserting in lieu thereof "three and one- half year period . (b) Section 3(Kc) of the Motor Carrier Act of 1980 is amended by striking out "(c) Financial" and inserting in lieu thereof "(cXD Subject to paragraph (2) of this subsection, financial" and by adding at the end thereof the following new paragraph: "(2XA) Any person domiciled in any contiguous foreign country who provides transportation by motor vehicle to which any of the
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2159 minimal levels of financial responsibility established under this section apply shall have evidence of such financial responsibility in such motor vehicle at any time such person is providing such transportation. "(B) The Secretary of Transportation and the Secretary of the Treasury shall deny entry into the United States of any motor vehicle in which there is not evidence of financial responsibility required to be in such vehicle under subparagraph (A) of this paragraph.". (c) Section 30(g) of the Motor Carrier Act of 1980 is amended by 49 u s e 10927 redesignating paragraphs (1) and (2) as paragraphs (2) and (3), note. respectively, and by inserting before paragraph (2) (as so redesig- nated) the following new paragraph: "(1) Interstate commerce' includes transportation between a "Interstate place in a State and a place outside the United States, to the commerce." extent such transportation is in the United States;". (d) Section 30(f) of the Motor Carrier Act of 1980 is amended to read as follows: "(f) This section shall not apply to any motor vehicle having a gross vehicle weight rating of less than ten thousand pounds, if such vehicle is not used to transport any quantity of cleiss A or B explosives, any quantity of poison gas, or a large quantity of radioac- tive materials in interstate or foreign commerce.". PART B—COMMERCIAL MOTOR VEHICLE LENGTH LIMITATION LENGTH U M I T A T I O N S ON FEDERALLY ASSISTED HIGHWAYS SEC. 411. (a) No State shall establish, maintain, or enforce any 49 use 2311. regulation of commerce which imposes a vehicle length limitation of less than forty-eight feet on the length of the semitrailer unit operating in a truck tractor-semitrailer combination, and of less than twenty-eight feet on the length of any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination, on any segment of the Nationsil System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary System high- ways as designated by the Secretary, pursuant to subsection (e) of this section. (b) Length limitations established, maintained, or enforced by the States under subsection (a) of this section shall apply solely to the semitrailer or trailer or trailers and not to a truck tractor. No State shall establish, maintain, or enforce any regulation of commerce which imposes an overall length limitation on commercial motor vehicles operating in truck-tractor semitrailer or truck tractor semi- trailer, trailer combinations. No State shall establish, maintain, or enforce any regulation of commerce which has the effect of prohibit- ing the use of trailers or semitrailers of such dimensions as those that were in actual and lawful use in such State on December 1, 1982. No State shall establish, maintain, or enforce any regulation of commerce which has the effect of prohibiting the use of existing trailers or semitrailers, of up to twenty-eight and one-half feet in length, in a truck tractor-semitrailer-trailer combination if those trailers or semitrailers were actually and lawfully operating on December 1,1982, within a sixty-five-foot overall length limit in any State. (c) No State shall prohibit commercial motor vehicle combinations consisting of a truck tractor and two trailing units on any segment
96 STAT. 2160 PUBLIC LAW 97-424—JAN. 6, 1983 of the National System of Interstate and Defense Highways, and those classes of qualifying Federal-aid Primary System highways as designated by the Secretary pursuant to subsection (e) of ttds section. Specialized (d) The Secretary is authorized to establish rules to implement the equipment provisions of this section, and to make such determinations as are accommodations. necessary to accommodate specialized equipment (including, but not limited to, automobile transporters) subject to subsections (a) and (b) of this section. (eXD The Secretary shall designate as qualif5dng Federal-aid Pri- mary System highways subject to the provisions of subsections (a) and (c) those Primary System highways that are capable of safely accommodating the vehicle lengths set forth therein. (2) The Secretary shall make an initial determination of which classes of highways shall be designated pursuant to paragraph (1) within 90 days of the date of enactment of this section. Final rules. (3) The Secretary shall enact fingJ rules pursuant to paragraph (1) no later than two hundred and seventy days from the date of enactment of this section and may revise such rules from time to time thereafter. "Truck tractor." (f) For the purposes of this section, "truck tractor" shall be defined as the noncargo carrying power unit that operates in combi- nation with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may trans- port motor vehicles on part of the power unit. Effective date. (g) The provisions of this section shall take effect ninety days after the date of enactment of this title. Exclusions. (h) The length limitations described in this section shall be exclu- sive of safety and energy conservation devices, such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, refrigeration units or air compressors and other devices, which the Secretary may interpret £is necessary for safe and efficient operation of commercial motor vehicles, except that no device excluded under this subsection from the limitations of this section shall have by its design or use the capability to carry cargo. ACCESS TO THE INTERSTATE SYSTEM Commercial SEC. 412. No State may enact or enforce any law denying reason- motor vehicles. able access to commercial motor vehicles subject to this title 49 u s e 2312. between (1) the Interstate and Defense Highway System and any other qualifying Federal-aid Primary System highways, as desig- nated by the Secretary, and (2) terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers. ENFORCEMENT Civil action. SEC. 413. The Secretary, or, on the request of the Secretary, the 49 u s e 2313. Attorney General of the United States, is authorized and directed to institute any civil action for injunctive relief as may be appropriate to assure compliance with the provisions of this title. Such action may be instituted in any district court of the United States in any State where such relief is required to assure compliance with the terms of this title. In any action under this section, the court shall, upon a proper showing, issue a temporary restraining order or
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2161 preliminary or permanent injunction. In any such action, the court may also issue a mandatory injunction commanding any State or person to comply with any applicable provision of this title, or any rule issued under authority of this title. SPLASH AND SPRAY SUPPRESSANT DEVICES SEC. 414. (a) The Congress declares that visibility on wet roadways 49 u s e 2314. on the Interstate System should be improved by reducing, by a practicable and reliable means, splash and spray from truck trac- tors, semitrailers, and trailers. (b) The Secretary shall by regulation— (1) within one year after the date of the enactment of this Minimum standards, title, establish minimum standards with respect to the perform- establishment. ance and installation of splash and spray suppression devices for use on truck tractors, semitrailers, or trailers; (2) within two years after the date of the enactment of this title, require that all new truck tractors, semitrailers, and trailers operated on the Interstate System be equipped with any splash and spray suppression device which satisfies the stand- ards established pursuant to paragraph (1) of this subsection; and (3) within five years after the date of the enactment of this title, require that all truck trailers, semitrailers, and trailers operated on the Interstate System be equipped with any splash and spray suppression device which satisfies the standards established pursuant to paragraph (1) of this subsection. (c) For the purposes of this section, the term— Definitions. (1) "truck tractor" means the noncargo carrying power unit that operates in combination with a semitrailer or trailer(s); (2) "semitrailer" and "trailer" mean any semitrailer or trailer, respectively, with respect to which section 422 of this title applies; and (3) "Interstate System" has the same meaning provided in section 101 of title 23, United States Code. REPORT REGARDING LONGER COMBINATION COMMERCIAL MOTOR VEHICLES SEC. 415. (a) Within 18 months after the date of enactment of this Submittal to title, the Secretary, after consultation with the transportation offi- Congress. 49 u s e 2315. cials and Governors of the several States and after an opportunity for public comment, shall submit to Congress a detailed report on the potential benefits and costs if any, to shippers, receivers, opera- tors of commercial motor vehicles, and the general public, that reasonably may be anticipated from the establishment of a National intercity truck route network for the operation of a special class of longer combination commercial motor vehicles. (b) For the purposes of this section, the term— Definitions. (1) "longer combination commercial motor vehicles" means multiple-trailer combinations consisting of (A) truck tractor- semitrailer-full trailer, and (B) truck tractor-semitrailer-full trailer-full trailer combinations with an overall length not in excess of one hundred and ten feet; and (2) "national intercity truck route network" means a network consisting of a number of controlled-access, interconnecting segments of the National System of Interstate and Defense
96 STAT. 2162 PUBLIC LAW 97-424—JAN. 6, 1983 Highways and other highways of comparable design and traffic capacity including, but not limited to, all such highways where the operation of longer combination commercial motor vehicles is authorized on the date of enactment of this section, (c) The detailed report mandated by this section shall include, but need not be limited to, the following— (1) a specific plan for the establishment of a national intercity truck route network, including the designation of those specific highway segments which would be required to connect the major distribution centers and markets for long-haul intercity freight service, except that the Secretary shall not include in the plan any highway segment which, because of design limita- tions or other factors, cannot accommodate the safe operation of longer combination commercial motor vehicles; (2) an analysis of the intercity motor freight volume that reasonably can be anticipated to be transported by longer com- bination commercial motor vehicles over the national intercity truck route network if such network is established by Congress; (3) an analysis of the fuel savings that reasonably can be anticipated in the transportation of freight by commercial motor vehicle if such network is established by Congress; (4) an analysis of the productivity gains that reasonably can be anticipated to be achieved in the transportation of freight by commercial motor vehicle if such network is established by Congress; (5) an analysis of the fuel conservation and productivity gains historically achieved by operators of longer combination com- mercial motor vehicles; and (6) an analysis of the safety record of longer combination commercial motor vehicle operations that have been conducted prior to the date of enactment of this section. Weight limits. (d) In making the findings and determinations required by subsec- tion (c) of this section, and in making the detailed report to Congress required by this section, the Secretary shall assume that the longer combination commercial motor vehicles operating on the national intercity truck route network, if and when established by Congress, would be subject to the single- and tandem-axle weight limits imposed by section 127 of title 23, United States Code. The Secretary shall further assume that the overall gross weight of such vehicles on a group of two or more consecutive axles shall be limited by the formula set forth in such section, and only by such formula. (e) In making the detailed report to Congress required by this section, the Secretary shall Eissume that longer combination com- mercial motor vehicles operating on the national intercity truck route network will have reasonable access to terminals, combination breakup areas, and food and fuel facilities consistent with safe operations of such vehicles. PART C—OTHER PROVISIONS STATE RECREATIONAL BOATING SEC. 421. (a) The Federal Boat Safety Act of 1971 (Public Law 92-75; 85 Stat. 213) is amended as follows: (1) By inserting "contract with, and" immediately after "The Secretary may" in the second sentence of section 25(a) (46 U.S.C.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 21(53 1474(a)) and in section 26(a) (46 U.S.C. 1475(a)) immediately after "promulgate, may". (2) In section 26 (b) and (c) (46 U.S.C. 1475 (b) and (c))— (A) by striking "appropriated" and inserting "authorized to be expended"; and (B) by adding at the end thereof the following: "His action in doing so shall be deemed a contractual obligation of the United States for the pajmient of the proportional share of the cost of implementing the program.". (3) In section 26(d) (46 U.S.C. 1475(d))— (A) by striking "appropriated" in the third and fourth sentences and inserting in lieu thereof "authorized to be expended"; (B) by inserting immediately after the third sentence the following: "Approval of those elements of a combined pro- gram shall be deemed a contractual obligation of the United States for the payment of the proportional share of the cost of implementing State recreational boating safety programs pursuant to this Act."; and (C) by adding at the end thereof the following: "Approval of those elements of a combined program shall be deemed a contractual obligation of the United States for the payment of the proportional share of the cost of implementing State recreational boating facilities programs pursuant to this Act.". (4) In section 30 (46 U.S.C. 1479) by striking the section heading and all that follows thereafter and inserting in lieu thereof the following: " A U T H O R I Z A T I O N O F C O N T R A C T S P E N D I N G A U T H O R I T Y FOR S T A T E REC- R E A T I O N A L BOATING SAFETY AND FACILITIES IMPROVEMENT PRO- GRAMS "SEC. 30. For the purposes of providing financial assistance for State recreational boating safety and facilities improvement pro- grams, the Secretary is authorized to expend, subject to such amounts as are provided in appropriations Acts for liquidation of contract authority, an amount equal to the revenues accruing each fiscal year from the taxes under section 4041(b) of the Internal Revenue Code of 1954 with respect to special motor fuels used as fuel 26 USC 4041. in motor boats and under section 4081 of such Code with respect to 26 USC 4081. gasoline used as fuel in motor boats. Of the funds available for allocations and distribution for recreational boating safety and facil- ities improvement programs, one-third shall be allocated for recre- ational boating safety programs and two-thirds shall be allocated for recreational boating facilities improvement programs beginning with fiscal year 1983. Any funds authorized to be expended for State recreational and boating safety improvement programs shall remain available until expended and shall be deemed to have been expended only if a sum equal to the total amounts authorized to be expended under this section for the fiscal year in question and all previous fiscal years have been obligated. Any funds that were previously obligated but are released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated funds and shall be immediately available for expenditure.". 97-200 O—84—pt. 2 26 : QL3
96 STAT. 2164 PUBLIC LAW 97-424—JAN. 6, 1983 REFORESTATION SEC. 422. (a) Section 303 (d) and (e) of the Act of October 14,1980 (P.L. 16 use 1606a. 96-451, 16 U.S.C. 160a (d) and (e)), are amended to read as follows: "(d) During each of the fiscal years 1983, 1984, and 1985, the Secretary of Agriculture shall expend all amounts available in the Trust Fund (including any amounts not expended in previous fiscal years) for— "(1) reforestation and timber stand improvement as set forth in the Congressional policy in section 3(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(d)); and "(2) administrative costs of the Federal Government properly allocatable to the activities described in paragraph (1). In no event may the Secretary expend less than $104,000,000 out of the Trust Fund in fiscal year 1983 for the purposes of this subsection. "(e) It is the intent of Congress that the Secretary shall expend all of the funds available in the Trust Fund in each fiscal year. Any such funds which are not expended in a given fiscal year shall remain available for expenditure without fiscal year limitation; except that any funds not expended prior to October 1, 1985, shall, no later than April 30, 1986, be distributed to the States for use in State forestry programs pursuant to the formula set forth in the Act of May 23, 1908 (16 U.S.C. 500, Public Law 136, Sixtieth Congress.", (b) In section 303(b)(1) of such Act, strike out "and before Octo- ber 1, 1985,". SALTONSTALL-KENNEDY ACT AMENDMENT SEC. 423. (a) Section 2(e) of the Act of August 11, 1939, commonly referred to as the Saltonstall-Kennedy Act (15 U.S.C. 713c-3 (e)), is amended to read as follows: "(e) ALI-OCATION OF FUND MONEYS.—(1) Notwithstanding any other provision of law, all moneys in the fund shall be used exclu- sively for the purpose of promoting United States fisheries in accord- ance with the provisions of this section, and no such moneys shall be transferred from the fund for any other purpose. With respect to any fiscal year, all moneys in the fund, including the sum of all unexpended moneys carried over into that fiscal year and all moneys transferred to the fund under subsection (b) or any other provision of law with respect to that fiscal year, shall be allocated as follows: "(A) the Secretary shall use no less than 60 per centum of such moneys to make direct industry assistance grants to develop the United States fisheries and to expand domestic and foreign markets fbr United States fishery products pursuant to subsection (c) of this section; and "(B) the Secretary shall use the balance of the moneys in the fund to finance those activities of the National Marine Fisheries Service which are directly related to development of the United States fisheries pursuant to subsection (d) of this section. "(2) The Secretary shall, consistent with the number of meritori- ous applications received with respect to any fiscal year, obligate or expend all of the moneys in the fund described in paragraph (1). Any such moneys which are not expended in a given fiscal year shall remain available for expenditure in accordance with this section
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2165 without fiscal year limitation, except that the Secretary shall not obligate such moneys at a rate less than that necessary to prevent the balance of moneys in the fund from exceeding $3,000,000 at the end of any fiscal year.". (b) The amendment made by subsection (a) of this section shall Effective date. take effect on October 1, 1983. 15 u s e 713C-3 note. OCEAN DUMPING SEC. 424. (a) Section 104 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1431(b)) is amended by adding the 33 u s e 1414. following new subsections at the end thereof: "(h) Notwithstanding any provision of title I of the Marine Protec- Permit issuance. tion, Research, and Sanctuaries Act of 1972 to the contrary, during 33 u s e 1411. the two-year period beginning on the date of enactment of this subsection, no permit may be issued under such title I that author- izes the dumping of any low-level radioactive waste unless the Administrator of the Environmental Protection Agency determines— "(1) that the proposed dumping is necessary to conduct research— "(A) on new technology related to ocean dumping, or "(B) to determine the degree to which the dumping of such substance will degrade the marine environment; "(2) that the scale of the proposed dumping is limited to the smallest amount of such material and the shortest duration of time that is necessary to fulfill the purposes of the research, such that the dumping will have minimal adverse impact upon human health, welfare, and amenities, and the marine environ- ment, ecological systems, economic potentialities, and other legitimate uses; "(3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse impact; and "(4) that the proposed dumping will be preceded by appropri- ate baseline monitoring studies of the proposed dump site and its surrounding environment. Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions as the Administrator determines to be necessary to minimize possible adverse impacts of such dumping. "(i)(l) Two years after the date of enactment of this subsection, the Radioactive Administrator may not issue a permit under this title for the Material Disposal Impact disposal of radioactive waste material until the applicant, in addi- Assessment. tion to complying with all other requirements of this title, prepares, with respect to the site at which the disposal is proposed, a Radioac- tive Material Disposal Impact Assessment which shall include— "(A) a listing of all radioactive materials in each container to be disposed, the number of containers to be dumped, the struc- tural diagrams of each container, the number of curies of each material in each container, and the exposure levels in rems at the inside and outside of each container; "(B) an analysis of the environmental impact of the proposed action, at the site at which the applicant desires to dispose of the material, upon human health and welfare and marine life; "(C) any adverse environmental effects at the site which cannot be avoided should the proposal be implemented;
96 STAT. 2166 PUBLIC LAW 97-424—JAN. 6, 1983 "(D) an analysis of the resulting environmental and economic conditions if the containers fail to contain the radioactive waste material when initially deposited at the specific site; "(E) a plan for the removal or containment of the disposed nuclear material if the container leaks or decomposes; "(F) a determination by each affected State whether the proposed action is consistent with its approved Coastal Zone Management Program; "(G) an analysis of the economic impact upon other users of marine resources; "(H) alternatives to the proposed action; Consultation "(I) comments and results of consultation with State officials and public and public hearings held in the coastal States that are nearest hearing results. to the affected areas; Comprehensive "(J) a comprehensive monitoring plan to be carried out by the monitoring plan. applicant to determine the full effect of the disposal on the marine environment, living resources, or human health, which plan shall include, but not be limited to, the monitoring of exterior container radiation samples, the taking of water and sediment samples, and fish and benthic animal samples, adja- cent to the containers, and the acquisition of such other infor- mation as the Administrator may require; and "(K) such other information which the Administrator may require in order to determine the full effects of such disposal. "(2) The Administrator shall include, in any permit to which paragraph (1) applies, such terms and conditions as may be neces- sary to ensure that the monitoring plan required under paragraph (1)(J) is fully implemented, including the analysis by the Adminis- trator of the samples required to be taken under the plan. Assessment, "(3) The Administrator shall submit a copy of the assessment copy to prepared under paragraph (1) with respect to any permit to the congressional committees. Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environment and Public Works of the Senate. Recommenda- "(4) (A) Upon a determination by the Administrator that a permit tion to to which this subsection applies should be issued, the Administrator Congress. shall transmit such a recommendation to the House of Representa- tives and the Senate. Ocean dumping "(B) No permit may be issued by the Administrator under this Act permit, for the disposal of radioactive materials in the ocean unless the restricted issuance. Congress, by approval of a resolution described in paragraph (D) within 90 days of continuous session of the Congress beginning on the date after the date of receipt by the Senate and the House of Representatives of such recommendation, authorizes the Adminis- trator to grant a permit to dispose of radioactive material under this Act. "(C) For purposes of this subsection— "(1) continuity of session of the Congress is broken only by an adiournment sine die; '(2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the 90 day calendar period. "Resolution." "(D) For the purposes of this subsection, the term 'resolution' means a joint resolution, the resolving clause of which is as follows: 'That the House of Representatives and the Senate approve and authorize the Administrator of the Environmental Protection Agency to grant a permit under the Marine Protection, Research,
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2167 and Sanctuaries Act of 1972 to dispose of radioactive materials in 33 u s e 1401 the ocean as recommended by the Administrator to the Congress on note. , 19 '; the first blank space therein to be filled with the appropriate applicant to dispose of nuclear material and the second blank therein to be filled with the date on which the Admin- istrator submits the recommendation to the House of Representa- tives and the Senate.". THE MERCHANT MARINE ACT, 1936 SEC. 425. Section 1103(f) of the Merchant Marine Act, 1936 (46 U.S.C. 1273(f)), is amended by adding at the end thereof the follow- ing new sentence: "No additional limitations may be imposed on new commitments to guarantee loans for any fiscal year, except in such amounts as established in advance in annual authorization Acts. No vessel eligible for guarantees under this title shall be denied eligibility because of its type.". AIRPORT AND AIRWAY DEVELOPMENT PROGRAM SEC. 426. (a) Section 507(a) of the Airport and Airway Improve- ment Act of 1982 (title V, Public Law 97-248, 96 Stat. 679) is 49 u s e 2206. amended by redesignating paragraph (3) as paragraph (3)(A) and adding immediately thereafter a new subparagraph (B) as follows: "(B) There is hereby established a supplementary discretion- Supplementary ary fund consisting of those amounts to be credited to such fund discretionary fund. pursuant to section 505(a) of this title. Amounts in the supple- Distribution. mentary discretionary fund shall be distributed by the Secre- tary in the same manner and for the same purposes as funds distributed pursuant to subparagraph (A) except that (i) such amounts may only be distributed for projects involving con- struction, reconstruction, or repair begun after the date of enactment of this subparagraph and not to pay for any such work begun before such date, and (ii) the Secretary shall give preference to those projects that increase the safety or capacity of the airport receiving such funds. If any Act of Congress has Limitation or the effect of limiting or reducing the amount authorized or reduction. available to be obligated for any fiscal year for the purposes of section 505, the Secretary shall implement such limitation or reduction by deferring the distribution of a corresponding amount of supplementary discretionary funds until a subse- quent fiscal year. In no event may the Secretary reduce any other apportionment or distribution under this section in order to comply with any such Congressional limitation or reduction unless all of the supplementary discretionary funds available for distribution in such year have been deferred until a subse- quent fiscal year.", (b) Section 505(a) of such Act is amended by— Ante, p. 676. (1) striking out "$1,050,000,000" and inserting in lieu thereof $1,250,000,000, of which $200,000,000 shall be credited to the supplementary discretionary fund established by paragraph (3)(B) of section 507(a) of this title"; (2) striking out "$1,843,500,000" and inserting in lieu thereof "$2,243,500,000, of which $400,000,000 shall be credited to such fund";
96 STAT. 2168 PUBLIC LAW 97-424—JAN. 6, 1983 (3) striking out "$2,755,500,000" and inserting in lieu thereof "$3,230,500,000, of which $475,000,000 shall be credited to such fund"; (4) striking out "$3,772,500,000" and inserting in lieu thereof "$4,247,500,000, of which $475,000,000 shall be credited to such fund"; (5) striking out "$4,789,700,000" and inserting in lieu thereof "$5,264,700,000 of which $475,000,000 shall be credited to such fund"; and (6) adding at the end thereof the following new sentence: "TTiose amounts credited to the supplementary discretionary fund pursuant to this subsection shall not be subject to any of the apportionments or distributions set forth in sections 507(aXl), (2), (3XA), or 508(d) of this title.". Ante, p. 677. (c) The first sentence of section 506(cX2) of such Act is amended by striking out ever3rthing after "section 505" and inserting in lieu thereof "for that fiscal year multiplied by a factor equal to 1.83 in the case of fiscal year 1983; 1.25 in the case of fiscal year 1984; 1.28 in the case of fiscal year 1985; 1.28 in the case of fiscal year 1986; and 1.34 in the case offiscalyear 1987.". Ante, p. 679. (d) The second sentence of section 507(aXlXE) of such Act is amended by inserting ", after compl3dng with the provisions of paragraph (3XB) of this subsection," immediately after "the Secretary". 26 use 9502. (e) Section 9502(dXlXA) of the Internal Revenue Code of 1954 is amended by striking out "the Airport and Airway Improvement Act of 1982", the second time it appears therein, and inserting in lieu thereof "the Surface Transportation Assistance Act of 1982". CODIFICATION CORRECTIONS SEC. 427. Section 11909(b) of title 49, United States Code, is amended by inserting after "chapter 105 of this title" the following: ", or subject to the jurisdiction of the Commission prior to enact- ment of the Department of Transportation Act,". (b) Section 11914(b) of title 49, United States Code, is amended by inserting after "chapter 105 of this title," the following: "or subject to the jurisdiction of the Commission prior to enactment of the Department of Transportation Act,". ^?enu^Act of TITLE V—HIGHWAY REVENUE ACT OF 198V ' ° 1982 Subtitle A^Short Title; Table of Contents; Amendment of 1954 Code SEC. 501. SHORT TITLE; TABLE OF CONTENTS. 26 use 1 note. (a) SHORT TITLE.—This title may be cited as the "Highway Reve- nue Act of 1982". (b) TABLE OF CONTENTS.— TITLE V—fflGHWAY REVENUE ACT OF 1982 Subtitle A—Short Title; Table of Contents; Amendment of 1954 Code Sec. 501. Short title; table of contents.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2169 Sec. 502. Amendment of 1954 Code. Subtitle B—Tax Changes Sec. 511. Motor fuel taxes. Sec. 512. Excise tax on heavy trucks. Sec. 513. Heavy truck use tax. Sec. 514. Taxes on heavy truck tires. Sec. 515. Repeal of tax on lubricating oil. Sec. 516. Period taxes and exemptions in effect. Sec. 517. Treatment of certain motor carrier operating authorities acquired by tax- payers other than corporations. Sec. 518. Extension of pajmient due date for certain fuel taxes. Subtitle C—Floor Stocks Provisions Sec. 521. Floor stocks taxes. Sec. 522. Floor stocks refunds. Sec. 523. Definitions and specied rules. Subtitle D—Highway Trust Fund; Mass Transit Accoimt Sec. 531. 4-year extension of Highway Trust Fund; codification of Trust Fund in Internal Revenue Code of 1954; establishment of Mass Transit Account. Subtitle E—Miscellaneous Provisions Sec. 541. Tax treatment of public utility property. Sec. 542. No return required of individual whose only gross income is grant of $1,000 from State. Sec. 543. Deduction for conventions on cruise ships. Sec. 544. Additional weeks of Federal supplemental compensation. Sec. 545. Exclusion of certain home energy assistance from income under SSI and AFDC. Sec. 546. Modifications to chlor-alkali electrolsrtic cells. Sec. 547. Interest exempt other than under the Internal Revenue Code of 1954. SEC. 502. AMENDMENT OF 1954 CODE. Except as otherwise expressly provided therein, whenever in sub- title B an amendment or repeal is expressed in terms of an amend- ment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Ckxie of 1954. 26 use i et seq. Subtitle B—Tax Changes SEC. 511. MOTOR FUEL TAXES. (a) TAXES ON GASOLINE, DIESEL FUEL, AND SPECIAL MOTOR FUEI^S INCREASED FROM 4 CENTS A GALLON TO 9 CENTS A GALLON.— (1) GASOLINE TAX.—Subsection (a) of section 4081 (relating to 26 use 4081. tax on gasoline) is amended by striking out "4 cents a gallon" and inserting in lieu thereof "9 cents a gallon". (2) DIESEL FUEL AND SPECIAL MOTOR FUELS.—Section 4041 26use404i. (relating to tax on diesel fuel and special motor fuels) is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a) DIESEL FUEL AND SPECIAL MOTOR FUELS.— "(1) DIESEL FUEL.—There is hereby imposed a tax of 9 cents a gallon on any liquid (other than any product taxable under section 4081)— "(A) sold by any person to an owner, lessee, or other operator of a diesel-powered highway vehicle for use as a fuel in such vehicle, or
96 STAT. 2170 PUBLIC LAW 97-424—JAN. 6, 1983 "(B) used by any person as a fuel in a diesel-powered highway vehicle unless there was a taxable sale of such liquid under subparagraph (A). "(2) SPECIAL MOTOR FUELS.—There is hereby imposed a tax of 9 cents a gallon on benzol, benzene, naphtha, liquefied petroleum gas, casing head and natural gasoline, or any other liquid (other than kerosene, gsis oil, or fuel oil, or any product taxable under section 4081 or paragraph (1) of this subsection)— "(A) sold by any person to an owner, lessee, or other operator of a motor vehicle or motorboat for use as a fuel in such motor vehicle or motorboat, or "(B) used by any person as a fuel in a motor vehicle or motorboat unless there was a taxable sale of such liquid under subparagraph (A)." (b) EXEMPTION FOR METHANOL AND ETHANOL FUELS.— 26 use 4041. (1) IN GENERAL.—Section 4041 is amended by adding at the end of the subsection (b) inserted by subsection (c) of this section the following new paragraph: "(2) QUALIFIED METHANOL AND ETHANOL FUEL.— (A) IN GENERAL.—No tax shall be imposed by subsection (a) on any qualified methanol or ethanol fuel. "(B) QUALIFIED METHANOL OR ETHANOL FUEL.—The term 'qualified methanol or ethanol fuel' means any liquid at least 85 percent of which consists of methanol, ethanol, or other alcohol produced from a substance other than petro- leum or natural gas. "(C) TERMINATION.—On and after October 1,1988, subpar- agraph (A) shall not apply." 26 u s e 44E. (2) COORDINATION WITH CREDIT.—Subsection (c) of section 44E (relating to coordination of credit for alcohol used as a fuel with exemption from excise tax) is amended by striking out "section 4041(k) or 4081(c)" and inserting in lieu thereof "subsection (bX2) or (k) of section 4041 or section 4081(c)". (c) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE.— 26 use 6421. (1) GASOUNE.—Subsection (a) of section 6421 (relating to non- highway use of gasoline) is amended by striking out the first sentence auid inserting in lieu thereof the following: "Except as provided in subsection (i), if gasoline is used in an off-highway business use, the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline an amount equal to the amount determined by multiplying the number of gallons so used by the rate at which tax was imposed on such gasoline under section 4081." 26 use 4041. (2) DIESEL FUEL AND SPECIAL MOTOR FUELS.—Section 4041 is amended by inserting after subsection (a) the following new subsection: "(b) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE; EXEMPTION FOR QUALIFIED METHANOL AND ETHANOL FUEL.— "(1) EXEMPTION FOR OFF-HIGHWAY BUSINESS USE.— "(A) I N GENERAL.—No tax shall be imposed by subsection (a) on liquids sold for use or used in an off-highway business use. "(B) TAX WHERE OTHER USE.— If a liquid on which no tax was imposed by reason of subparagraph (A) is used other- wise than in an off-highway business use, a tax shall be imposed by paragraph (IXB) or (2XB) of subsection (a) (whichever is appropriate).
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2171 " ( O OFF-HIGHWAY BUSINESS USE DEFINED.—For purposes of this subsection, the term 'off-highway business use has the meaning given to such term by section 6421(dX2)." (3) CLERICAL AMENDMENTS.— (A) Subparagraphs (A) and (B) of section 6421(dX2) are 26 use 6421. each amended by striking out "qualified business use" and inserting in lieu thereof "off-highway business use". (B) The heading for paragraph (2) of section 6421(d) is amended by striking out "QUAUFIED" and inserting in lieu thereof "OFF-HIGHWAY". (d) RATES OF TAX FOR GASOHOL.— (1) AMENDMENTS OF SECTION 4081.— 26 use 408i. (A) I N GENERAL.—Paragraph (1) of section 4081(c) (relat- ing to gasoline mixed with alcohol) is amended by striking out "no tax shall be imposed by this section on the sale of any gasoline" and inserting in lieu thereof "subsection (a) shall be applied by substituting '4 cents' for '9 cents' in the case of the sale of any gasoline". (B) TREATMENT OF LATER SEPARATION.— (i) Paragraph (2) of section 4081(c) is amended by striking out tax was not imposed by reason of this subsection" and inserting in lieu thereof "tax was imposed under subsection (a) at the rate of 4 cents a gallon by reason of this subsection". (ii) Paragraph (2) of section 4081(c) is amended by adding at the end thereof the following new sentence: "The amount of tax imposed on any sale of such gaso- line by such person shall be 5 cents a gallon." (2) AMENDMENT OF SECTION 4041.—Subsection (k) of section 26 use 404i. 4041 (relating to fuels containing alcohol) is amended to read as follows: "(k) FUELS CONTAINING ALCOHOL.— "(1) I N GENERAL.—Under regulations prescribed by the Secre- tary, in the case of the sale or use of any liquid fuel at least 10 percent of which consists of alcohol (as defined in section 4081(cX3))— "(A) subsection (a) shall be applied by substituting *4 cents' for '9 cents' each place it appears, and "(B) no tax shall be imposed by subsection (c). "(2) LATER SEPARATION.—If any person separates the liquid fuel from a mixture of the liquid fuel and alcohol to which paragraph (1) applied, such separation shall be treated as a sale of the liquid fuel. Any tax imposed on such sale shall be reduced by the amount (if any) of the tax imposed on the sale of such mixture. "(3) TERMINATION.—Paragraph (1) shall not apply to any sale or use after December 31,1992. (3) CREDIT FOR ALCOHOL USED AS A FUEL.—Section 44E (relating 26 use 44E. to alcohol used as a fuel) is amended— (A) by striking out "40 cents" each place it appears and inserting in lieu thereof "50 cents", and (B) by striking out "30 cents" each place it appears and inserting in lieu thereof "37.5 cents". (4) AMENDMENTS OF SECTION 6427.^Subsection (f) of section 26 use 6427. 6427 is amended to read as follows: "(f) GASOUNE USED T O PRODUCE CERTAIN ALCOHOL FUELS.—
96 STAT. 2172 PUBLIC LAW 97-424—JAN. 6, 1983 "(1) IN GENERAL.—Except as provided in subsection (i), if any gasoline on which a tax is imposed by section 4081 at the rate of 9 cents a gallon is used by any person in producing a mixture described in section 4081(c) which is sold or used in such per- son's trade or business, the Secretary shall pay (without inter- est) to such person an amount equal to the amount determined at the rate of 5 cents a gallon. The preceding sentence shall not apply with respect to any mixture sold or used after Decem- ber 31, 1992. "(2) COORDINATION WITH OTHER REPAYMENT PROVISIONS.—No amount shall be payable under paragraph (1) with respect to any gasoline with respect to which an amount is payable under ; subsection (d) or (e) of this section or under section 6420 or vii 6421." •' b (5) T A R I F F ON ALCOHOL IMPORTED FOR USE AS A FUEL.—Item901.50 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "40 cents per gal." each place it appears and inserting in lieu thereof "50 cents per gal." (e) USE IN CERTAIN TAXICABS.— 26 u s e 6427. (1) IN GENERAL.—Paragraph (1) of section 6427(e) (relating to use in certain taxicabs) is amended by striking out "an amount equal to the aggregate amount of the tax imposed on such gasoline or fuel" and inserting in lieu thereof "an amount determined at the rate of 4 cents a gallon". (2) EXTENSION OF REPAYMENT.—Paragraph (3) of section 6427(e) (relating to termination) is amended by striking out "December 31,1982" and inserting in lieu thereof "September 30, 1984". (3) SUSPENSION OF SHARED TRANSPORTATION REQUIREMENT.— Clause (ii) of section 6427(eX2)(A) (relating to qualified taxicab services) is amended to read as follows: "(ii) is not prohibited by company policy from fur- nishing (with the consent of the passengers) shared transportation.'' Report and rec- (4) STUDY.—The Secretary of the Treasury or his delegate ommendations shall conduct a study of the reduced rate of fuels taxes provided to Congress. 26 u s e 6427 for taxicabs by section 6427(e) of the Internal Revenue Code of note. 1954. Not later than January 1, 1984, the Secretary shall trans- mit a report on the study conducted under the preceding sen- tence to the Congress, together with such recommendations as he may deem advisable. (f) REFUND OF MOTOR FUEL TAXES TO AERIAL AND OTHER APPUCA- TORS OF AGRICULTURAL SUBSTANCES.—Paragraph (4) of section 26 u s e 6420. 6420(c) (defining use on a farm for farming purposes) is amended to read as follows: "(4) CERTAIN FARMING USE OTHER THAN BY OWNER, ETC.—In appl)dng paragraph (3)(A) to a use on a farm for any purpose described in paragraph (3XA) by any person other than the owner, tenant, or operator of such farm— "(A) the owner, tenant, or operator of such farm shall be treated as the user and ultimate purchaser of the gasoline, except that "(B) if— "(i) the person so using the gasoline is an aerial or other applicator of fertilizers or other substances and is the ultimate purchaser of the gasoline, and
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2173 "(ii) the person described in subparagraph (A) waives (at such time and in such form £ind manner as the Secretary shall prescribe) his right to be treated as the user and ultimate purchaser of the gasoline, then subparagraph (A) of this paragraph shall not apply and the aerial or other applicator shall be treated as having used such gasoline on a farm for farming purposes." (g) TECHNICAL AND CONFORMING AMENDMENTS.— (1) GASOLINE USED IN NONCOMMERCIAL AVIATION.—Paragraph (3) of section 4041(c) (relating to noncommercial aviation) is 26USC4041. amended to read as follows: "(3) RATE OF TAX.—The rate of tax imposed by paragraph (2) on any gasoline is the excess of 12 cents a gallon over the rate at which tax was imposed on such gasoline under section 4081." (2) COMPORMING AMENDMENTS.— (A) Paragraph (2) of section 6416(b) is amended by strik- 26 use 6416. ing out "section 4041 (aXD or (bXl)" and inserting in lieu thereof "paragraph (IXA) or (2XA) of section 4041(a)^'. (B) Subsection (a) of section 6427 is amended by striking 26 use 6427. out "section 4041 (a), (b), or (c)" and inserting in lieu thereof "section 4041 (a) or (c)". (C) Paragraph (1) of section 6427(b) is amended by striking out "subsection (a) or (b) of section 4041" each place it appears and inserting in lieu thereof "subsection (a) of section 4041". (D) Subsection (c) of section 6427 is amended by striking out "section 4041 (a), (b) or (c)" and inserting in lieu thereof "section 4041 (a) or (c)". (h) EFFECTIVE DATE.— 26 use 404i (1) IN GENERAL.—Except as otherwise provided in this subsec- ^°^- tion, the amendments made by this section shall take effect on April 1,1983. (2) TARIFF ON IMPORTED ALCOHOL.—The amendment made by subsection (dX5) shall apply with respect to articles entered, or withdrawn from warehouse for consumption, after March 31, 1983. (3) FOR SUBSECTION (eX2).—The amendment made by subsec- tion (eX2) shall take effect on January 1,1983. (4) SHARED TRANSPORTATION REQUIREMENT.—The amendment made by subsection (eX3) shall apply with respect to fuel pur- chased after December 31, 1982, and before January 1, 1984. SEC. 512. EXCISE TAX ON HEAVY TRUCKS. (a) CHANGES IN EXISTING MANUFACTURERS EXCISE TAX.— (1) INCREASE IN THRESHOLD WEIGHTS.—Paragraph (2) ofsection 4061(a) (relating to exclusion for light-duty trucks, etc.) is 26 use 4061. amended to read as follows: "(2) EXCLUSION FOR TRUCKS WITH GROSS VEHICLE WEIGHT OF 33,000 P O U N D S OR LESS, AND CERTAIN TRAILERS.— "(A) The tax imposed by paragraph (1) shall not apply to automobile truck chassis and automobile truck bodies, suit- able for use with a vehicle which has a gross vehicle weight of 33,000 pounds or less (as determined under regulations prescribed by the Secretary). "(B) The tax imposed by paragraph (1) shall not apply to truck trailer and semitrailer chassis and bodies, suitable for use with a trailer or semitrailer which has a gross vehicle
96 STAT. 2174 PUBLIC LAW 97-424—JAN. 6, 1983 weight of 26,000 pounds or less (as determined under regu- lations prescribed by the Secretary)." (2) REPEAL OF TAX ON PARTS AND ACCESSORIES, TERMINATION OF 26 u s e 4061. TAX IMPOSED AT MANUFACTURES LEVEL.—Section 4061 is amended by adding at the end thereof the following new subsection: "(c) TERMINATION.— "(1) TAX ON PARTS AND ACCESSORIES.—On and after the day after the date of the enactment of this subsection, the tax imposed by subsection (b) shall not apply. "(2) TAX ON TRUCKS.—On and after April 1, 1983, the tax imposed by subsection (a) shall not apply." (3) EXEMPTION OF CERTAIN RAIL TRAILERS AND VANS.—Subsec- 26 use 4063. tion (a) of section 4063 (relating to exemptions for specified articles) is amended by adding at the end thereof the following new paragraph: "(8) RAIL TRAILERS AND RAIL VANS.—The tax imposed under section 4061 shall not apply in the case of— "(A) any chassis or body of a trailer or semitrailer which is designed for use both as a highway vehicle and a railroad car, and "(B) any parts or accessories designed primarily for use on or in connection with an article described in subpara- graph (A). For purposes of this paragraph, a piggy-back trailer or semi- trailer shall not be treated as designed for use as a railroad car." 26 use 4061 (4) EFFECTIVE DATE.—The amendments made by this subsec- note. tion shall take effect on the day after the date of the enactment of this Act. (b) IMPOSITION OF RETAIL TAX ON SALE OF HEAVY TRUCKS AND TRAILERS.— (1) IN GENERAL.—Chapter 31 is amended by adding at the end thereof the following new subchapter: "Subchapter B—Heavy Trucks and Trailers "Sec. 4051. Imposition of tax on heavy trucks and trailers sold at retail. "Sec. 4052. Definitions and special rules. "Sec. 4053. Exemptions. 26 u s e 4051. "SEC. 4051. IMPOSITION OF TAX ON HEAVY TRUCKS AND TRAILERS SOLD AT RETAIL. "(a) IMPOSITION OF TAX.— "(1) IN GENERAL.—There is hereby imposed on the first retail sale of the following articles (including in each case parts or accessories sold on or in connection therewith or with the sale thereof) a tax of 12 percent of the amount for which the article is so sold: "(A) Automobile truck chassis. "(B) Automobile truck bodies. "(C) Truck trailer and semitrailer cheissis. "(D) Truck trailer and semitrailer bodies. "(E) Tractors of the kind chiefly used for highway trans- portation in combination with a trailer or semitrailer. "(2) EXCLUSION FOR TRUCKS WEIGHING 33,000 POUNDS OR LESS.—The tax imposed by paragraph (1) shall not apply to
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2175 automobile truck chassis and automobile truck bodies, suitable for use with a vehicle which has a gross vehicle weight of 33,000 pounds or less (as determined under regulations prescribed by the Secretary). "(3) EXCLUSION FOR TRAILERS WEIGHING 26,OOO POUNDS OR LESS.—The tax imposed by paragraph (1) shall not apply to truck trailer and semitrailer chassis and bodies, suitable for use with a trailer or semitrailer which has a gross vehicle weight of 26,000 pounds or less (as determined under regulations pre- scribed by the Secretary. "(4) SALE OF TRUCKS, ETC., TREATED AS SALE OF CHASSIS AND BODY.—For purposes of this subsection, a sale of an automobile truck or truck trailer or semitrailer shall be considered to be a sale of a chassis and of a body described in paragraph (1). "(b) SEPARATE PURCHASE OF TRUCK OR TRAILER AND PARTS AND ACCESSORIES THEREFOR.—Under regulations prescribed by the Secretary— "(1) I N GENERAL.—If— "(A) the owner, lessee, or operator of any vehicle which contains an article taxable under subsection (a) installs (or causes to be installed) any part or accessory on such vehicle, and "(B) such installation is not later than the d^te 6 months after the date such vehicle (as it contains such article) was first placed in service, then there is hereby imposed on such installation a tax equal to 12 percent of the price of such part or accessory and its installation. "(2) EXCEPTIONS.—Paragraph (1) shall not apply if— "(A) the part or accessory installed is a replacement pgirt or accessory, or "(B) the aggregate price of the parts and accessories (and their installation) described in paragraph (1) with respect to any vehicle does not exceed $200 (or such other amount or amounts as the Secretary may by regulations prescribe). "(3) INSTALLERS SECONDARILY LIABLE FOR TAX.—In addition to the owner, lessee, or operator of the vehicle, the owner of the trade or business installing the part or accessory shall be liable for the tax imposed by paragraph (1). "(c) TERMINATION.—On and after October 1, 1988, the taxes imposed by this section shall not apply. (d) TRANSITIONAL RULE.—In the case of any article taxable under subsection (a) on which tax was imposed under section 4061(a), subsection (a) shall be applied by substituting '2 percent' for '12 percent'. "SEC. 4052. DEFINITIONS AND SPECIAL RULES. 26 USC 4052. "(a) FIRST RETAIL SALE.—For purposes of this subchapter— "(1) I N GENERAL.—The term 'first retail sale' means the first sale, for a purpose other than for resale, after manufacture, production, or importation. "(2) LEASES CONSIDERED AS SALES.—Rules similar to the rules of section 4217 shall apply. "(3) USE TREATED AS SALE.— "(A) I N GENERAL.—If any person uses an article taxable under section 4051 before the first retail sale of such article, then such person shall be liable for tax under section 4051
96 STAT. 2176 PUBLIC LAW 97-424—JAN. 6, 1983 in the same manner as if such article were sold at retail by him. "(B) EXEMPTION FOR USE IN FURTHER MANUFACTURE.— Subparagraph (A) shall not apply to use of an article as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by him. "(C) COMPUTATION OP TAX.—In the case of any person made liable for tax by subparagraph (A), the tax shall be computed on the price at which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary. "(b) DETERMINATION OF PRICE.— "(1) I N GENERAL.—In determining price for purposes of this subchapter— "(A) there shall be included any charge incident to plac- ing the article in condition ready for use, "(B) there shall be excluded— "(i) the amount of the tax imposed by this subchapter, "(ii) if stated as a separate charge, the amount of any retail sales tax imposed by any State or political subdi- vision thereof or the District of Columbia, whether the liability for such tax is imposed on the vendor or vendee, and "(iii) the fair market value (including any tax imposed by section 4071) at retail of any tires (not including any metal rim or rim base), and "(C) the price shall be determined without regard to any trade-in. "(2) SALES NOT AT ARM'S LENGTH.—In the case of any article sold (otherwise than through an arm's-length transaction) at less than the fair market price, the tax under this subchapter shall be computed on the price for which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary. "(c) CERTAIN COMBINATIONS NOT TREATED AS MANUFACTURE.—For purposes of this subchapter (other than subsection (aX3XB)), a person shall not be treated as engaged in the manufacture of any article by reason of merely combining such article with any equipment or other item listed in section 4063(d). "(d) CERTAIN OTHER RULES MADE APPUCABLE.—Under regulations prescribed by the Secretary, rules similar to the rules of—- "(1) subsections (c) and (d) of section 4216 (relating to partial payments), and (2) section 4222 (relating to registration), shall apply for purposes of this subchapter. 26 u s e 4053. "SEC. 4053. EXEMPTIONS. "(a) EXEMPTION OP SPECIFIED ARTICLES.—No tax shall be imposed under section 4051 on any article specified in subsection (a) of section 4063. "(b) CERTAIN EXEMPTIONS MADE APPUCABLE.—The exemptions rovided by section 4221(a) are hereby extended to the tax imposed Ey section 4051." (2) TECHNICAL AND CONFORMING AMENDMENTS.—
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2177 (A) Chapter 31 is amended by striking out the chapter heading and inserting in lieu thereof the following: "CHAPTER 31—RETAIL EXCISE TAXES "SUBCHAPTER A. Special fuels. "SUBCHAPTER B. Heavy trucks and trailers. "Subchapter A—Special Fuels". (B) The table of chapters for subtitle D is amended by striking out the item relating to chapter 31 and inserting in lieu thereof the following new item: "Chapter 31. Retail excise taxes." (C) Paragraph (2) of section 6416(b), as amended by this 26 use 6416. Act, is amended by inserting "or under section 4051" after "section 4041(a)". (D) Paragraph (1) of section 6416(a) is amended by strik- ing out "chapter 31 (special fuels)" and inserting in lieu thereof "chapter 31 (relating to retail excise taxes)". (3) EFFECTIVE DATE.—The amendments made by this subsec- 26 use 4051 tion shall take effect on April 1,1983. "°^- SEC. 513. HEAVY TRUCK USE TAX. (a) INCREASE IN RATE OF TAX.—Subsection (a) of section 4481 26 use 4481. (relating to imposition of tax) is amended to read as follows: "(a) IMPOSITION OF TAX.—A tax is hereby imposed on the use of any highway motor vehicle which (together with the semitrailers and trailers customarily used in connection with highway motor vehicles of the same type as such highway motor vehicle) has a taxable gross weight of at least 33,000 pounds at the rate specified in the following table: "(1) I N GENERAL.— "Taxable gross weight At least But less than Rate of tax 33,000 pounds 55,000 pounds $50 a year, plus $25 for each 1,000 pounds or fraction thereof in excess of 33,000 pounds. 55,000 pounds 80,000 pounds $600 a year, plus the ap- plicable rate for each 1,000 pounds or fraction thereof in excess of 55,000 pounds. 80,000 pounds or more The maximum tax a year." "(2) DEFINITIONS.—For purposes of paragraph (1)— "In the case of the taxable period beginning The maximum on July 1 of: The applicable rate is: tax is: 1984 $40 $1,600 1985 40 1,600 1986. 44 1,700 1987 48 1,800 1988 or thereafter .52 1,900." (b) EXEMPTION WHERE TRUCK USED FOR LESS THAN 5,000 MILES ON PUBLIC HIGHWAYS.—Section 4483 (relating to exemptions from high- 26 use 4483.
96 STAT. 2178 PUBLIC LAW 97-424—JAN. 6, 1983 way use tax) is amended by adding after subsection (c) thereof the following new subsection: "(d) EXEMPTION FOR TRUCKS USED FOR LESS THAN 5,000 MILES ON PuBuc HIGHWAYS.— "(1) SUSPENSION OF TAX.— "(A) IN GENERAL.—If— "(i) it is reasonable to expect that the use of any highway motor vehicle on public highways during any taxable period will be less than 5,000 miles, and "(ii) the owner of such vehicle furnishes such infor- mation as the Secretary may by forms or regulations require with respect to the expected use of such vehicle, 26 use 4481. then the collection of the tax imposed by section 4481 with respect to the use of such vehicle shall be suspended during the taxable period. "(B) SUSPENSION CEASES TO APPLY WHERE USE EXCEEDS 5,000 MILES.—Subparagraph (A) shall cease to apply with respect to any highway motor vehicle whenever the use of such vehicle on public highways during the taxable period exceeds 5,000 miles. "(2) EXEMPTION.—If— "(A) the collection of the tax imposed by section 4481 with respect to any highway motor vehicle is suspended under paragraph (1), "(B) such vehicle is not used during the taxable period on public highways for more than 5,000 miles, and "(C) except as otherwise provided in regulations, the owner of such vehicle furnishes such information as the Secretary may require with respect to the use of such vehicle during the taxable period, then no tax shall be imposed by section 4481 on the use of such vehicle for the taxable period. "(3) REFUND WHERE TAX PAID AND VEHICLE NOT USED FOR MORE THAN 5,000 MILES.—If— "(A) the tax imposed by section 4481 is paid with respect to any highway motor vehicle for any taxable period, and "(B) the requirements of subparagraphs (B) and (C) of paragraph (2) are met with respect to such taxable period, the amount of such tax shall be credited or refunded (without interest) to the person who paid such tax. "(4) R E U E F FROM UABIUTY FOR TAX UNDER CERTAIN CIRCUM- STANCES WHERE TRUCK IS TRANSFERRED.—Under regulations prescribed by the Secretary, the owner of a highway motor vehicle with respect to which the collection of the tax imposed by section 4481 is suspended under paragraph (1) shall not be liable for the tax imposed by section 4481 (and the new owner shall be liable for such tax) with respect to such vehicle if— "(A) such vehicle is transferred to a new owner, "(B) such suspension is in effect at the time of such transfer, and "(C) the old owner furnishes such information as the Secretary by forms and regulations requires with respect to the transfer of such vehicle. "(5) OWNER DEFINED.—For purposes of this subsection, the term 'owner' means, with respect to any highway motor vehicle, the person described in section 4481(b)."
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2179 (c) CLARIFICATION OF TRAILERS CUSTOMARILY USED IN CONNECTION WITH HIGHWAY MOTOR VEHICLES.— (1) Subsection (c) of section 4482 is amended by adding at the 26 USC 4482. end thereof the following new paragraph: "(5) CUSTOMARY USE.—A semitrailer or trailer shall be treated as customarily used in connection with a highway motor vehicle if such vehicle is equipped to tow such semitrailer or trailer." (2) The heading for subsection (c) of section 4482 is amended by inserting "AND SPECIAL RULE" after "DEFINITIONS". (d) PRORATION OF TAX WHERE VEHICLE DESTROYED.—Subsection (c) of section 4481 (relating to proration of tax) is amended to read as 26 USC 4481. follows: "(c) PRORATION OF TAX.— "(1) WHERE FIRST USE OCCURS AFTER FIRST MONTH.—If in any taxable period the first use of the highway motor vehicle is after the first month in such period, the tax shall be reckoned proportionately from the first day of the month in which such use occurs to and including the last day in such taxable period. "(2) WHERE VEHICLE DESTROYED OR STOLEN.— "(A) IN GENERAL.—If in any taxable period a highway motor vehicle is destroyed or stolen before the first day of the last month in such period and not subsequently used during such taxable period, the tax shall be reckoned pro- portionately from the first day of the month in such period in which the first use of such highway motor vehicle occurs to and including the last day of the month in which such highway motor vehicle was destroyed or stolen. "(B) DESTROYED.—For purposes of subparagraph (A), a highway motor vehicle is destroyed if such vehicle is dam- aged by reason of an accident or other casualty to such an extent that it is not economic to rebuild." (e) SPECIAL RULE FOR TAXABLE PERIOD IN WHICH TERMINATION DATE OCCURS.—Section 4482 is amended by adding at the end 26 USC 4482. thereof the following new subsection: "(d) SPECIAL RULE FOR TAXABLE PERIOD IN WHICH TERMINATION DATE OCCURS.—In the case of the taxable period which ends on September 30, 1988, the amount of the tax imposed by section 4481 with respect to any highway motor vehicle shall be determined by reducing each dollar amount in the table contained in section 4481(a) by 75 percent." Ante, p. 2177. (f) EFFECTIVE DATE.— 26 use 4481 (1) IN GENERAL.—Except as otherwise provided in this subsec- ^°^- tion, the amendments made by this section shall take effect on July 1,1984. (2) SPECIAL RULE IN THE CASE OF CERTAIN OWNER-OPERATORS.— (A) IN GENERAL.—In the case of a small owner-operator, paragraph (1) of this subsection and paragraph (2) of section 4481(a) of the Internal Revenue Code of 1954 (as added by this section) shall be applied by substituting for each date contained in such paragraphs a date which is 1 year after the date so contained. (B) SMALL OWNER-OPERATOR.—For purposes of this para- graph, the term "small owner-operator" means any person who owns and operates at any time during the taxable period no more than 5 highway motor vehicles with respect to which a tax is imposed by section 4481 of such Code for such taxable period.
96 STAT. 2180 PUBLIC LAW 97-424—JAN. 6, 1983 (D) AGGREGATION OP VEHICLE OWNERSHIPS.—For purposes of subparagraph (B), all highway motor vehicles with respect to which a tax is imposed by section 4481 of such Code which are owned by— (i) any trade or business (whether or not incorpora- ted) which is under common control with the tgixpayer (within the meaning of section 52 (b)), or (ii) any member of any controlled groups of corpora- tions of which the taxpayer is a member, for any taxable period shall be treated as being owned by the taxpayer during such period. The Secretary shall pre- scribe regulations which provide attribution rules that take into account, in addition to the persons and enti- ties described in the preceding sentence, taxpayers who own highway motor vehicles through partnerships, joint ventures, and corporations. (E) CONTROLLED GROUPS OF CORPORATIONS.—For purposes of this paragraph, the term "controlled group of corpora- tions" has the meaning given to such term by section 1563(a), except that— (i) "more than 50 percent" shall be substituted for "at least 80 percent" each place it appears in section 26 use 1563. 1563(aXl), and (ii) the determination shall be made without regard to subsections (aX4) and (eX3XC) of section 1563. (F) HIGHWAY MOTOR VEHICLES.—For purposes of this para- graph, the term "highway motor vehicle" has the meaning given to such term by section 4482(a) of such Code. 26 use 4481 (g) STUDY OP ALTERNATIVES TO TAX ON USE OF HEAVY TRUCKS.— ^°^- (1) I N GENERAL.—The Secretary of Transportation (in consul- tation with the Secretary of the Treasury) shall conduct a study of— (A) alternatives to the tax on heavy vehicles imposed by Ante, p. 2177. section 4481(a) of the Internal Revenue (Dode of 1954, and (B) plans for improving the collecting and enforcement of such tax and alternatives to such tax. (2) ALTERNATIVES INCLUDED.—The alternatives studied under paragraph (1) shall include taxes based either singly or in suitable combinations on vehicle size or configuration; vehicle weight, both registered and actual operating weight; and dis- tance traveled. Plans for improving tax collection and enforce- ment shall, to the extent practical, provide for Federal and State co-operation in such activities. (3) CONSULTATION WITH STATE OFFICIALS AND OTHER AFFECTED PARTIES.—The study required under subsection (a) shall be con- ducted in consultation with State officials, motor carriers, and other affected parties. (4) REPORT.—Not later than January 1, 1985, the Secretary of Transportation shall submit to the (Dommittee on Ways and Means of the House of Representatives and the (Dommittee on Finance of the Senate a report on the study conducted under paragraph (1) together with such recommendations as he may deem advisable.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2181 SEC. 514. TAXES ON HEAVY TRUCK TIRES. (a) GENERAL RULE.—Subsection (a) of section 4071 (relating to 26 use 4071. imposition and rate of tax on tires and tubes) is amended to read as follows: "(a) IMPOSITION AND RATE OF TAX.—There is hereby imposed on tires of the type used on highway vehicles, if wholly or in part made of rubber, sold by the manufacturer, producer, or importer a tax at the following rates: "If the tire weighs: The rate of tax is: Not more than 40 lbs No tax. More than 40 lbs. but not more than 15 cents per lb. in excess of 40 lbs. 70 lbs. More than 70 lbs. but not more than $4.50 plus 30 cents per lb. in excess of 70 90 lbs. lbs. More than 90 lbs $10.50 plus 50 cents per lb. in excess of 90 lbs." (b) EFFECTIVE DATE.—The amendment made by this section shall 26 use 4071 apply to articles sold on or after January 1,1984. ^°^- SEC. 515. REPEAL OF TAX ON LUBRICATING OIL. (a) GENERAL RULE.—Subpart B of part III of subchapter A of chapter 32 (relating to tax on lubricating oil) is hereby repealed. 26 use (b) TECHNICAL AMENDMENTS.— 409i-4094. (1) Subsection (c) of section 4221 is amended by striking out 26 use 4221. "4083, or 4093" and inserting in lieu thereof "or 4083". (2) Subsection (d) of section 4222 is amended by striking out 26 use 4222. "4093,". (3XA) Section 6206 is amended by striking out "4091 (with 26 use 6206. respect to payments under section 6424)," and by striking out "6424," each place it appears in the heading and the text. (B) The table of sections for subchapter A of chapter 63 is amended by striking out "6424," in the item relating to section 6206. (4) Paragraph (2) of section 6416(b) is amended— 26 use 6416. (A) by striking out subparagraph (N), (B) by striking out the next to the last sentence, (C) by inserting "or" at the end of subparagraph (L), and (D) by striking out "; or" at the end of subparagraph (M) and inserting in lieu thereof a period. (5) Section 6424 (relating to lubricating oil used for certain 26 use 6424. nontaxable purposes) is hereby repealed. (6)(A) Subsection (a) of section 39 is amended by striking out 26 use 39. paragraph (3), by redesignating paragraph (4) as paragraph (3), and by inserting "and" at the end of paragraph (2). (B) Subsection (b) of section 39 is amended— (i) by striking out "section 6421, 6424, or 6427" and inserting in lieu thereof "section 6421 or 6427", and (ii) by striking out "section 6421(i), 6424(f), or 6427(i)" and inserting in lieu thereof "section 6421(i) or 6427(i)". (C) The heading for section 39 is amended by striking out ", SPECIAL FUELS, AND LUBRICATING OIL" and inserting in lieu thereof "AND SPECIAL FUELS". (D) The table of sections for subpart A of part IV of sub- chapter A of chapter 1 is amended by striking out ", special fuels, and lubricating oil" in the item relating to section 39 and inserting in lieu thereof "and special fuels".
96 STAT. 2182 . PUBLIC LAW 97-424—JAN. 6, 1983 26 u s e 874, (E) Sections 874(a) a n d 6201(a)(4) a r e each a m e n d e d by strik- ^201- i n g o u t ", special fuels, a n d lubricating oil" a n d inserting in lieu 26 u s e 882. (F) P a r a g r a p h (2) of section 882(c) is a m e n d e d by striking o u t "and lubricating oil". 26 u s e 6421. (7) S u b p a r a g r a p h (C) of section 6421(d)(2) is a m e n d e d by strik- ing o u t ", special motor fuels, a n d lubricating oil" a n d inserting in lieu thereof " a n d special motor fuels". 26 u s e 4101. (8) Section 4101 is a m e n d e d by striking o u t " o r section 4091". 26 u s e 4102. (9) Section 4102 is a m e n d e d by s t r i k i n g o u t " o r lubricating oils". 26 u s e 6504. (10) P a r a g r a p h (9) of section 6504 is a m e n d e d by s t r i k i n g o u t "6424 (relating to lubricating oil used for c e r t a i n nontaxable purposes)," a n d by s t r i k i n g o u t "6424,". 26 u s e 6675. (11)(A) Subsection (a) of section 6675 is a m e n d e d by striking out "6424 (relating t o lubricating oil used for c e r t a i n n o n t a x a b l e purposes),". (B) Paragraph (1) of section 6675(b) is amended by striking out "6424,". (C) The heading for section 6675 is amended by striking out "OR LUBRICATING OIL.". (D) The table of sections for subchapter B of chapter 68 is amended by striking out "or lubricating oil" in the item relat- ing to section 6675. 26 use 7210, (12) Sections 7210, 7603, 7604, 7605, 7609(c)(1), and 7610(c) are 7603-7605, each amended by striking out "6424(d)(2)," each place it 7609,7610. appears. (13) The table of subparts for part III of subchapter A of chapter 32 is amended by striking out the item relating to subpart B. (14) The table of sections for subchapter B of chapter 65 is amended by striking out the item relating to section 6424. 26 use 39 (c) EFFECTIVE DATE.—The amendments made by this section shall ^°^- apply with respect to articles sold after the date of the enactment of this Act. SEC. 516. PERIOD TAXES AND EXEMPTIONS IN EFFECT. (a) PERIOD TAXES IN EFFECT.— (1) SPECIAL FUELS TAX.— Ante, p. 2169. (A) Subsection (a) of section 4041 (as amended by this Act) is amended by adding at the end thereof the following new paragraph: "(3) TERMINATION.—On and after October 1, 1988, the taxes imposed by this subsection shall not apply." (B) Subsection (e) of section 4041 is hereby repealed. 26 use 4071. (2) TIRES AND TREAD RUBBER.—Subsection (d) of section 4071 is amended to read as follows: "(d) TERMINATION.—On and after October 1, 1988, the taxes imposed by subsection (a) shall not apply." 26 use 4081. (3) GASOUNE.—Subsection (b) of section 4081 is amended to read as follows: "(b) TERMINATION.—On and after October 1, 1988, the taxes imposed by this section shall not apply." 26 use 4481, (4) HIGHWAY USE TAX.—Sections 4481(e) and 4482(cX4) are 4482. each amended by striking out "1984" each place it appears and inserting in lieu thereof "1988".
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2183 (5) FLOOR STOCKS TAXES.—Paragraph (1) of section 6412(a) 26 use 6412. (relating to floor stocks refunds) is amended— (A) by striking out "1985" each place it appears and inserting in lieu thereof "1989", and (B) by striking out "1984" each place it appears and inserting in lieu thereof "1988". (6) OTHER PROVISIONS.—Paragraph (2) of section 6156(e) (relat- 26 use 6156, ing to installment payments of tax on use of highway motor ^^^^ vehicles) and subsection (h) of section 6421 (relating to tax on gasoline used for certain nonhighway purposes or by local transit systems) are each amended by striking out "1984" and inserting in lieu thereof "1988". (b) TERMINATION OF EXEMPTIONS.— dXA) Subsection (f) of section 4041 is amended by adding at 26 use 404i. the end thereof the following new parcigraph: "(3) TERMINATION.—On and after October 1, 1988, paragraph (1) shall not apply." (B) Subsection (g) of section 4041 is amended by adding at the end thereof the following new sentence: "Paragraphs (2) and (4) shall not apply on and after October 1,1988." (2) Subsection (a) of section 4221 (relating to certain tax 26 use 4221. resales) is amended by adding a t the end thereof the following new sentence: "In the case of taxes imposed by section 4051, 4071, or 4081, paragraphs (4) and (5) shall not apply on and after October 1,1988." (3) Section 4483 (relating to exemption for highway use tax) is 26 use 4483. amended by adding after subsection (d) thereof the following new subsection: "(e) TERMINATION OP EXEMPTIONS.—Subsections (a) and (c) shall not apply on emd after October 1,1988." (4) Section 6420 (relating to gasoline used on farms) is 26 use 6420. amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: "(h) TERMINATION.—This section shall apply only with respect to gasoline purcheised before October 1,1988. (5) Section 6427 is amended by redesignating subsection (k) as 26 use 6427. subsection G) and by inserting after subsection (j) the following new subsection: "(k) TERMINATION OF SUBSECTIONS (a), Ot)), (c), AND (d).—Subsec- tions (a), (b), (c), and (d) shall only apply with respect to fuels purchased before October 1,1988." SEC. 517. TREATMENT OF CERTAIN MOTOR CARRIER OPERATING AUTHORITIES ACQUIRED BY TAXPAYERS OTHER THAN CORPORATIONS. (a) GENERAL RULE.—Paragraph (2) of section 266(c) of the Eco- nomic Recovery Tax Act of 1981 (relating to stock acquisitions of 26 USC165 note. motor carrier operating authorities) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subpar- agraph (A) the following new subparagraph: "(B) TREATMENT OF CERTAIN NONCORPORATE TAXPAYERS.— Under regulations prescribed by the Secretary of the Treas- ury or his delegate, and at the election of the holder of the authority, in any case in which— "(i) a noncorporate teixpayer or group of noncorpor- ate taxpayers on or before July 1,1980, acquired in one purchase stock in a corporation which held, directly or
96 STAT. 2184 PUBLIC LAW 97-424—JAN. 6, 1983 indirectly, any motor carrier operating authority a t the time of such acquisition, and "(ii) the acquisition referred to in clause (i) would have satisfied the requirements of subparagraph (A) if the stock had been acquired by a corporation, then, for purposes of subparagraphs (A) and (C), the noncor- porate taxpayer or group of noncorporate taxpayers referred to in clause (i) shall be treated as a corporation. The preceding sentence shall apply only if such noncorpor- ate taxpayer (or group of noncorporate taxpayers) on July 1, 1980, held stock constituting control (within the meaning 26 use 368. of section 368(c) of the Internal Revenue Code of 1954) of the corporation holding (directly or indirectly) the motor car- rier operating authority." 26 use 165 (b) EFFECTIVE DATE.—The amendment made by subsection (a) note. shall apply to taxable years ending after July 30,1980. 26 u s e 4081 SEC. 518. EXTENSION OF PAYMENT DUE DATE FOR CERTAIN FUEL TAXES. "° (a) 14-DAY EXTENSION.—The Secretary shall prescribe regulations which permit any qualified person whose liability for tax under section 4081 of the Internal Revenue Code of 1954 is payable with respect to semi-monthly periods to pay such tax on or before the day which is 14 days after the close of such semi-monthly period if such payment is made by wire transfer to any government depository 26 use 6302. authorized under section 6302 of such Code. (b) QuAUFiED PERSON DEFINED.—For purposes of this section— (1) IN GENERAL.—The term "qualified person" means— (A) any person other than any person whose average daily production of crude oil for the preceding calendar quarter exceeds 1,000 barrels, and (B) any independent refiner (within the meaning of sec- 26 use 4995. tion 4995(bX4) of such Code). (2) AGGREGATION RULES.—For purposes of paragraph (1), in determining whether any person's production exceeds 1,000 barrels per day, rules similar to the rules of section 4992(e) of 26 use 4992. the Internal Revenue Code of 1954 shall apply. (c) SPECIAL RULE WHERE 14TH DAY FALLS ON SATURDAY, SUNDAY, OR HouDAY.—If, but for this subsection, the due date under subsec- tion (a) would fall on a Saturday, Sunday, or a holiday in the District of Columbia, such due date shall be deemed to be the immediately preceding day which is not a Saturday, Sunday, or such a holiday. Subtitle C—Floor Stock Provisions 26 u s e 4061 SEC. 521. FLOOR STOCKS TAXES. (a) 1983 TAX ON GASOUNE.—On gasoline subject to tax under section 4081 which, on April 1, 1983, is held by a dealer for sale, there is hereby imposed a floor stocks tax at the rate of 5 cents a gallon. Qy) 1984 TAX ON TIRES.—On any article which would be subject to Ante, p. 2181. tax under section 4071(a) if sold by the manufacturer, producer, or importer on or after January 1, 1984, which on January 1, 1984, is held by a dealer and has not been used and is intended for sale, there shall be imposed a floor stocks tax equal to the excess of the amount of tax which would be imposed on such article if it were sold by the manufacturer, producer, or importer after January 1, 1984,
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2185 over the amount of teix imposed under section 4071(a) on the sale of ^n^, p. 2181. such article by the meinufacturer, producer, or importer. (c) OVERPAYMENT OF FLOOR STOCKS TAXES.—Section 6416 shall apply in respect of the floor stocks taxes imposed by this section, so as to entitle, subject to all provisions of section 6416, any person pajdng such floor stocks taxes to a credit or refund thereof for any of the reasons specified in section 6416. (d) DUE DATE OF TAXES.—The taxes imposed by this section shall be paid at such time after— (1) May 15, 1983, in the case of the tax imposed by subsection (a), or (2) February 15, 1984, in the case of the tax imposed by subsection (b), as may be prescribed by the Secretary of the Treasury or his delegate. (e) TRANSFER OF FLOOR STOCKS TAXES TO HIGHWAY TRUST FUND.— For purposes of determining the amount transferred to the Highway Trust Fund for any period, the taxes imposed by this section shall be treated as if they were imposed by section 4081 or 4071 of the Internal Revenue Code of 1954, whichever is appropriate. 26 use 4081, ^ 4071. SEC. 522. FLOOR STOCKS REFUNDS. 26 USC 4061 note. (a) GENERAL RULE.— (1) IN GENERAL.—Where, before the day after the date of the enactment of this Act, any tax-repealed article has been sold by the manufacturer, producer, or importer and on such day is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an amount equal to the tax paid by such manufacturer, producer, or importer on his sale of the article if— (A) claim for such credit or refund is filed with the Secretary of the Treasury or his delegate before October 1, 1983, based on a request submitted to the manufacturer, producer, or importer before July 1,1983, by the dealer who held the article in respect of which the credit or refund is claimed, and (B) on or before October 1,1983, reimbursement has been made to the dealer by the manufacturer, producer, or importer in an amount equal to the tax paid on the article or written consent has been obtained from the dealer to allowance of the credit or refund. (2) LIMITATION ON EUGIBIIJTY FOR CREDIT OR REFUND.—NO manufacturer, producer, or importer shall be entitled to credit or refund under paragraph (1) unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations pre- scribed by the Secretary of the Treasury or his delegate under this subsection. (3) OTHER LAWS APPLICABLE.—All provisions of law, including penalties, applicable with respect to the taxes imposed by sec- tion 4061, 4071, or 4091 (whichever is appropriate) shall, insofar as applicable and not inconsistent with paragraphs (1) and (2) of this subsection, apply in respect of the credits and refunds provided for in paragraph (1) to the same extent as if the credits or refunds constituted overpayments of the tax.
96 STAT. 2186 PUBLIC LAW 97-424—JAN. 6, 1983 (b) REFUNDS WITH RESPECT TO CERTAIN CONSUMER PURCHASES OF TRUCKS AND TRAILERS.— (1) IN GENERAL.—Except as otherwise provided in paragraph (2), where after December 2, 1982, and before the day after the - date of the enactment of this Act, a tax-repealed article on which tax was imposed by section 4061(a) has been sold to an ultimate purchaser, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer of such article an amount equal to the tax paid by such manufacturer, producer, or importer on his sale of the article. (2) LIMITATION OF ELIGIBILITY FOR CREDIT OR REFUND.—No manufacturer, producer, or importer shall be entitled to a credit or refund under paragraph (1) with respect to an article unless— (A) he has in his possession such evidence of the sale of the article to an ultimate purchaser, and of the reimburse- ment of the tax to such purchaser, as may be required by regulations prescribed by the Secretary of the Treasury or his delegate under this subsection. (B) claim for such credit or refund is filed with the Secretary of the Treasury or his delegate before October 1, 1983, based on information submitted to the manufacturer, producer, or importer before July 1, 1983, by the person who sold the article (in respect of which the credit or refund is claimed) to the ultimate purchaser, and (C) on or before October 1, 1983, reimbursement has been made to the ultimate purchaser in an amount equal to the tax paid on the article. (3) OTHER LAWS APPLICABLE.—All provisions of law, including penalties, applicable with respect to the taxes imposed by sec- tion 4061(a) shall, insofar as applicable and not inconsistent with paragraph (1) or (2) of this subsection, apply in respect of the credits and refunds provided for in paragraph (1) to the same extent as if the credits or refunds constituted overpay- ments of the tax. (c) CERTAIN USES BY MANUFACTURER, ETC.—In the case of any article which was subject to the tax imposed by section 4061(a) (as in effect on the day before the date of the enactment of this Act), any tax paid by reason of section 4218(a) (relating to use by manufac- turer or importer considered sale) with respect to a tax-repealed article shall be deemed to be an overpayment of such tax if tax was imposed on such article after December 2, 1982, by reason of section 4218(a). (d) TRANSFER OF FLOOR STOCKS REFUNDS FROM HIGHWAY TRUST FUND.—The Secretary of the Treasury shall pay from time to time from the Highway Trust Fund into the general fund of the Treasury amounts equivalent to the floor stocks refunds made under this section. 26 u s e 4061 SEC. 523. DEFINITIONS AND SPECIAL RULE. (a) IN GENERAL.—For purposes of this subtitle— (1) The term "dealer" includes a wholesaler, jobber, distribu- tor, or retailer. (2) An article shall be considered as "held by a dealer" if title thereto has passed to such dealer (whether or not delivery to him has been made) and if for purposes of consumption title to
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2187 such article or possession thereof has not at any time been transferred to any person other than a dealer. (3) The term "tax-repealed article" means any article on which a tax was imposed by section 4061(a), 4061(b), or section 4091 as in effect on the day before the date of the enactment of this Act, and which will not be subject to tax under section 4061(a), 4061(b), or 4091 as in effect on the day after the date of the enactment of this Act. (4) Except as otherwise expressly provided herein, any refer- ence in this subtitle to a section or other provision shall be treated as a reference to a section or other provision of the Internal Revenue Code of 1954. 26 USC 1 et seq. (b) 1984 EXTENSION OF FLOOR STOCKS REFUND TO TIRES.— (1) IN GENERAL.—In the case of an article on which a tax was imposed by section 4071(a) as in effect on December 31, 1983, and which will not be subject to tax under such section as in effect on January 1, 1984, such article shall be treated as a tax- repealed article for purposes of subsection (a) of section 522. (2) ALLOWANCE OF REFUND.—In the case of a tax-repealed article to which paragraph (1) applies, subsection (a) of section 522 shall be applied— (A) by treating January 1, 1984, as the day after the date of the enactment of this Act, and (B) by substituting "1984" for "1983" each place it appears in paragraph (1) of such subsection (a). Subtitle D—Highway Trust Fund; Mass Transit Account SEC. 531. 4-YEAR EXTENSION OF HIGHWAY TRUST FUND; CODIFICATION OF TRUST FUND IN INTERNAL REVENUE CODE OF 1954; ESTABLISHMENT OF MASS TRANSIT ACCOUNT. (a) GENERAL RULE.—Subchapter A of chapter 98 of the Internal Revenue Code of 1954 (relating to Trust Fund Code) is amended by adding at the end thereof the following new section: "SEC. 9503. HIGHWAY TRUST FUND. 26 USC 9503. "(a) CREATION OF TRUST FUND.—There is established in the Treas- ury of the United States a trust fund to be known as the 'Highway Trust Fund', consisting of such amounts as may be appropriated or credited to the Highway Trust Fund as provided in this section or section 9602(b). "(b) TRANSFER TO HIGHWAY TRUST FUND OF AMOUNTS EQUIVALENT TO CERTAIN T A X E S . — "(1) IN GENERAL.—There are hereby appropriated to the High- Appropriation way Trust Fund amounts equivalent to the taxes received in the authorization. Treasury before October 1, 1988, under the following provisions— "(A) section 4041 (relating to taxes on diesel fuels and special motor fuels), "(B) section 4051 (relating to retail tax on heavy trucks and trailers), "(C) section 4061 (relating to tax on trucks and truck parts).
96 STAT. 2188 PUBLIC LAW 97-424—JAN. 6, 1983 "(D) section 4071 (relating to tax on tires and tread rubber), "(E) section 4081 (relating to tax on gasoline), "(F) section 4091 (relating to tax on lubricating oil), and "(G) section 4481 (relating to tax on use of certain vehicles). "(2) LIABILITIES INCURRED BEFORE OCTOBER i, 1988.—There are hereby appropriated to the Highway Trust Fund amounts equiv- alent to the taxes which are received in the Treasury after September 30, 1988, and before July 1, 1989, and which are attributable to liability for tax incurred before October 1, 1988, under the provisions described in paragraph (1). "(3) ADJUSTMENTS FOR AVIATION USES.—The amounts described in paragraphs (1) and (2) with respect to any period shall (before the application of this subsection) be reduced by appropriate amounts to reflect any amounts transferred to the Airport and Airway Trust Fund under section 9502(b) with respect to such period. "(c) EXPENDITURES FROM HIGHWAY TRUST FUND.— "(1) FEDERAL-AID HIGHWAY PROGRAM.—Except as provided in subsection (e), amounts in the Highway Trust Fund shall be available, as provided by appropriation Acts, for making expenditures before October 1,1988, to meet those obligations of the United States heretofore or hereafter incurred which are— "(A) authorized by law to be paid out of the Highway Trust Fund established by section 209 of the Highway 23 use 120 note. Revenue Act of 1956, "(B) authorized to be paid out of the Highway Trust Fund under title I or II of the Surface Transportation Assistance Ante, pp. 2097, Act of 1982, or ^^^^- "(C) hereafter authorized by a law which does not author- ize the expenditure out of the Highway Trust Fund of any amount for a general purpose not covered by subparagraph (A) or (B) as in effect on December 31,1982. "(2) TRANSFERS FROM HIGHWAY TRUST FUND FOR CERTAIN REPAYMENTS AND CREDITS.— "(A) I N GENERAL.—The Secretary shall pay from time to time from the Highway Trust Fund into the general fund of the Treasury amounts equivalent to— "(i) the amounts paid before July 1, 1989, under— "(I) section 6420 (relating to amoimts paid in respect of gasoline used on farms), (II) section 6421 (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems), "(III) section 6424 (relating to amounts paid in respect of lubricating oil used for certain nontaxa- ble purposes), and "(IV) section 6427 (relating to fuels not used for taxable purposes), on the basis of claims flled for periods ending before October 1,1988, and "(ii) the credits allowed under section 39 (relating to credit for certain uses of gasoline, special fuels, and lubricating oil) with respect to gasoline, special fuels, and lubricating oil used before October 1,1988.
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2189 "(B) TRANSFERS BASED ON ESTIMATES.—Transfers under subparagraph (A) shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in amounts subsequently transferred to the extent prior esti- mates were in excess or less than the amounts required to be transferred. "(C) EXCEPTION FOR USE IN AIRCRAFT AND MOTORBOATS.— This paragraph shall not apply to amounts estimated by the Secretary as attributable to use of gasoline and special fuels in motorboats or in aircraft. "(3) 1988 FLOOR STOCKS REFUNDS.—The Secretary shall pay from time to time from the Highway Trust Fund into the general fund of the Treasury amounts equivalent to the floor stocks refunds made before July 1, 1989, under section 6412(a). "(4) TRANSFERS FROM THE TRUST FUND FOR MOTORBOAT FUEL TAXES.— "(A) TRANSFER TO NATIONAL RECREATIONAL BOATING SAFETY AND FACILITIES IMPROVEMENT FUND.— "(i) IN GENERAL.—The Secretary shall pay from time to time from the Highway Trust Fund into the National Recreational Boating Safety and Facilities Improvement Fund established by section 202 of the Recreational Boating Fund Act amounts (as deter- 46 USC 1479a. mined by him) equivalent to the motorboat fuel taxes received on or after October 1,1980, and before October 1,1988. "(ii) LIMITATIONS.— "(I) LIMIT ON TRANSFERS DURING ANY FISCAL YEAR.—The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $45,000,000. "(II) LIMIT ON AMOUNT IN FUND.—No amount shall be transferred under this subparagraph if the Secretary determines that such transfer would result in increasing the amount in the National Recreational Boating Safety and Facilities Improvement Fund to a sum in excess of $45,000,000. "(B) EXCESS FUNDS TRANSFERRED TO LAND AND WATER CONSERVATION FUND.—Any amount received in the High- way Trust Fund which is attributable to motorboat fuel taxes and which is not transferred from the Highway Trust Fund under subparagraph (A) shall be transferred by the Secretary from the Highway Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965. 16 USC 460Z-4 "(C) MOTORBOAT FUEL TAXES.—For purposes of this para- ^ ^ ^°*®- graph, the term 'motorboat fuel taxes' means the taxes under section 4041(aX2) with respect to special motor fuels Ante, p. 2169. used as fuel in motorboats and under section 4081 with respect to gasoline used as fuel in motorboats. '(d) ADJUSTMENTS OF APPORTIONMENTS.— "(1) ESTIMATES OP UNFUNDED HIGHWAY AUTHORIZATIONS AND NET HIGHWAY RECEIPTS.—The Secretary of the Treasury, not less frequently than once in each calendar quarter, after consulta- tion with the Secretary of Transportation, shall estimate—
96 STAT. 2190 PUBLIC LAW 97-424—JAN. 6, 1983 "(A) the amount which would (but for this subsection) be the unfunded highway authorizations at the close of the next fiscal year, and "(B) the net highway receipts for the 24-month period beginning at the close of such fiscal year. "(2) PROCEDURE WHERE THERE IS EXCESS UNFUNDED HIGHWAY AUTHORIZATIONS.—If the Secretary of the Treasury determines for any fiscal year that the amount described in paragraph (1)(A) exceeds the amount described in paragraph (1)(B)— "(A) he shall so advise the Secretary of Transportation, and "(B) he shall further advise the Secretary of Transporta- tion as to the amount of such excess. "(3) ADJUSTMENT OF APPORTIONMENTS WHERE UNFUNDED AUTHORIZATIONS EXCEED 2 YEARS* RECEIPTS.— "(A) DETERMINATION OF PERCENTAGE.—If, before any apportionment to the States is made, in the most recent estimate made by the Secretary of the Treasury there is an excess referred to in paragraph (2)(B), the Secretary of Transportation shall determine the percentage which— "(i) the excess referred to in paragraph (2XB), is of "(ii) the amount authorized to be appropriated from the Trust Fund for the fiscal year for apportionment to the States. If, but for this sentence, the most recent estimate would be one which was made on a date which will be more than 3 months before the date of the apportionment, the Secretary of the Treasury shall make a new estimate under para- graph (1) for the appropriate fiscal year. "(B) ADJUSTMENT OF APPORTIONMENTS.—If the Secretary of Transportation determines a percentage under subpara- graph (A) for purposes of any apportionment, notwith- standing any other provision of law, the Secretary of Transportation shall apportion to the States (in lieu of the amount which, but for the provisions of this subsection, would be so apportioned) the amount obtained by reducing the amount authorized to be so apportioned by such percentage. "(4) APPORTIONMENT OF AMOUNTS PREVIOUSLY WITHHELD FROM APPORTIONMENT.—If, after funds have been withheld from apportionment under paragraph (3)(B), the Secretary of the Treasury determines that the amount described in paragraph (1)(A) does not exceed the amount described in paragraph (1)(B) or that the excess described in paragraph (IXB) is less than the amount previously determined, he shall so advise the Secretary of Transportation. The Secretary of Transportation shall appor- tion to the States such portion of the funds so withheld from apportionment as the Secretary of the Treasury has advised him may be so apportioned without causing the amount described in paragraph (IXA) to exceed the amount described in paragraph (IXB). Any funds apportioned pursuant to the preced- ing sentence shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned pursuant to the preceding sentence. "(5) DEFINITIONS.—For purposes of this subsection—
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2191 "(A) UNFUNDED HIGHWAY AUTHORIZATIONS.—The term 'unfunded highway authorizations' means, at any time, the excess (if any) of— "(i) the total potential unpaid commitments at such time as a result of the apportionment to the States of the amounts authorized to be appropriated from the Highway Trust Fund, over "(ii) the amount available in the Highway Trust Fund at such time to defray such commitments (after all other unpaid commitments at such time which are payable from the Highway Trust Fund have been defrayed). "(B) NET HIGHWAY RECEIPTS.—The term 'net highway receipts' means, with respect to any period, the excess of— "(i) the receipts (including interest) of the Highway Trust Fund during such period, over "(ii) the amounts to be transferred during such period from such Fund under subsection (c) (other than paragraph (1) thereof). "(6) REPORTS.—Any estimate under paragraph (1) and any Submittal to determination under paragraph (2) shall be reported by the congressional Secretary of the Treasury to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, the Committees on the Budget of both Houses, the Committee on Public Works and Transportation of the House of Representatives, and the Committee on Environment and Public Works of the Senate. "(e) ESTABLISHMENT OF MASS TRANSIT ACCOUNT.— "(1) CREATION OF ACCOUNT.—There is established in the High- way Trust Fund a separate account to be known as the 'Mass Transit Account' consisting of such amounts as may be trans- ferred or credited to the Mass Transit Account as provided in this subsection or section 9602(b). "(2) TRANSFERS TO MASS TRANSIT ACCOUNT.—The Secretary of the Treasury shall transfer to the Mass Transit Account one- ninth of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after March 31,1983. "(3) EXPENDITURES FROM ACCOUNT.—Amounts in the Mass Transit Account shall be available, as provided by appropriation Acts, for making capital expenditures before October 1, 1988 (including capital expenditures for new projects) in accordance with section 21(aX2) of the Urban Mass Transportation Act of 1964. 49 use 1617. "(4) LIMITATION.—Rules similar to the rules of subsection (d) shall apply to the Mass Transit Account except that subsection (d)(1) shall be applied by substituting '12-month' for '24-month'." (b) REPEAL OF SECTION 209 OF THE HIGHWAY REVENUE ACT OF 1956.—Section 209 of the Highway Revenue Act of 1956 (other than 23 USC 120 note. subsection (b) thereof) is hereby repealed. (c) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION FUND.—Subsection (b) of section 201 of the Land and Water Conser- vation Fund Act of 1965 (16 U.S.C. 4601-11) is amended— 16 USC 460/-11. (1) by striking out "1985" each place it appears and inserting in lieu thereof "1989"; and (2) by striking out "1984" and inserting in lieu thereof "1988"
96 STAT. 2192 PUBLIC LAW 97-424—JAN. 6, 1983 (d) CLERICAL AMENDMENT.—The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end thereof the following new item: "Sec. 9503. Highway Trust Fund." 26 use 9503 (e) EFFECTIVE DATE; SAVING PROVISION.— ^°^- (1) IN GENERAL.—The amendments made by this section shall take effect on January 1,1983. (2) N E W HIGHWAY TRUST FUND TREATED AS CONTINUATION OF OLD.—The Highway Trust Fund established by the amendments made by this section shall be treated for all purposes of law as the continuation of the Highway Trust Fund established by 23 use 120 note. section 209 of the Highway Revenue Act of 1956. Any reference in any law to the Highway Trust Fund established by such section 209 shall be deemed to include (wherever appropriate) a reference to the Highway Trust Fund established by the amend- ments made by this section. Subtitle E—Miscellaneous Provisions 26 u s e 168. SEC. 541. TAX TREATMENT OF PUBLIC UTILITY PROPERTY. (a) NORMALIZATION METHOD FOR PURPOSES OF DEPRECIATION.— (1) I N GENERAL.—Paragraph (3) of section 168(e) (relating to special rule for certain public utility property) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: "(C) USE OF INCONSISTENT ESTIMATES AND PROJECTIONS, ETC.— "(i) I N GENERAL.—One way in which the require- ments of subparagraph (B) are not met is if the tax- payer, for ratemaking purposes, uses a procedure or adjustment which is inconsistent with the require- ments of subparagraph (B). "(ii) USE OF INCONSISTENT ESTIMATES AND PROJEC- TIONS.—The procedures and adjustments which are to be treated as inconsistent for purposes of clause (i) shall include any procedure or adjustment for ratemaking purposes which uses an estimate or projection of the taxpayer's tax expense, depreciation expense, or reserve for deferred taxes under subparagraph (BXii) unless such estimate or projection is also used, for ratemaking purposes, with respect to the other 2 such items and with respect to the rate base. "(iii) REGULATORY AUTHORITY.—The Secretary may by regulations prescribe procedures and adjustments (in addition to those specified in clause (ii)) which are to be treated as inconsistent for purposes of clause (i).". 26 use 167. (2) AMENDMENT TO SECTION 167 (1).—Subparagraph (G) of sec- tion 167(1)(3) (defining normalization method of accounting) is amended by adding at the end thereof the following new sen- tence: "For purposes of this subparagraph, rules similar to the rules of section 168(e)(3)(C) shall apply." (b) COMPUTATIONS FOR PURPOSES OF INVESTMENT CREDIT.—Subsec- 26 use 46. tion (f) of section 46 (relating to limitation in case of certain
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2193 regulated companies) is amended by adding at the end thereof the following new paragraph: "(10) USE OF INCONSISTENT ESTIMATES AND PROJECTIONS, ETC., FOR PURPOSES OF PARAGRAPHS ( 1 ) AND ( 2 ) . — "(A) IN GENERAL,—One way in which the requirements of paragraph (1) or (2) are not met is if the taxpayer, for ratemaking purposes, uses a procedure or adjustment which is inconsistent with the requirements of paragraph (1) or paragraph (2), as the case may be. "(B) USE OF INCONSISTENT ESTIMATES AND PROJECTIONS.— The procedures and adjustments which are to be treated as inconsistent for purposes of subparagraph (A) shall include any procedure or adjustment for ratemaking purposes which uses an estimate or projection of the taxpayer's qualified investment for purposes of the credit allowable by section 38 unless such estimate or projection is consistent with the estimates and projections of property which are used, for ratemaking purposes, with respect to the tax- payer's depreciation expense and rate base. "(C) REGULATORY AUTHORITY.—The Secretary may by reg- ulations prescribe procedures and adjustments (in addition to those specified in subparagraph (B)) which are to be treated as inconsistent for purposes of subparagraph (A)." (c) EFFECTIVE DATES.— 26 use 46 note. (1) GENERAL RULE.—The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31,1979. (2) SPECIAL RULE FOR PERIODS BEGINNING BEFORE MARCH i, 1980.— (A) I N GENERAL.—Subject to the provisions of paragraphs (3) and (4), notwithstanding the provisions of sections 167(1) and 46(f) of the Internal Revenue Code of 1954 and of any 26 USC 167, regulations prescribed by the Secretary of the Treasury (or ^^• his delegate) under such sections, the use for ratemaking purposes or for reflecting operating results in the taxpay- er's regulated books of account, for any period before March 1,1980, of— (i) any estimates or projections relating to the amounts of the taxpayer's tax expense, depreciation expense, deferred tax reserve, credit allowable under section 38 of such code, or rate base, or (ii) any adjustments to the taxpayer's rate of return, shall not be treated £is inconsistent with the requirements of subparagraph (G> of such section 167(1X3) nor inconsist- Ante, p. 2192. ent with the requirements of paragraph (1) or (2) of such section 46(f), where such estimates or projections, or such rate of return adjustments, were included in a qualified order. (B) QUAUFIED ORDER DEFINED.—For purposes of this sub- section, the term "qualified order" means an order— (i) by a public utility commission which was entered before March 13,1980, (ii) which used the estimates, projections, or rate of return adjustments referred to in subparsigraph (A) to determine the smiount of the rates to be collected by
96 STAT. 2194 PUBLIC LAW 97-424—JAN. 6, 1983 the taxpayer or the amount of a refund with respect to rates previously collected, and (iii) which ordered such rates to be collected or refunds to be made (whether or not such order actually was implemented or enforced). (3) LIMITATIONS ON APPLICATION OF PARAGRAPH (2).— (A) PARAGRAPH (2) NOT TO APPLY TO AMOUNTS ACTUALLY FLOWED THROUGH.—Paragraph (2) shall not apply to the amount of any— (i) rate reduction, or (ii) refund, which was actually made pursuant to a qualified order. (B) TAXPAYER MUST ENTER INTO CLOSING AGREEMENT BEFORE PARAGRAPH (2) APPUES.—Paragraph (2) shall not apply to any taxpayer unless, before the later of— (i) July 1,1983, or (ii) 6 months after the refunds or rate reductions are actually made pursuant to a qualified order, the taxpayer enters into a closing agreement (within the meaning of section 7121 of the Internal Revenue Code of 26 use 7121. 1954) which provides for the payment by the taxpayer of the amount of which paragraph (2) does not apply by reason of subparagraph (A). (4) SPECIAL RULES RELATING TO PAYMENT OF REFUNDS OR INTER- EST BY THE UNITED STATES OR THE TAXPAYER.— (A) REFUND DEFINED.—For purposes of this subsection, the term "refund" shall include any credit allowed by the taxpayer under a qualified order but shall not include interest payable with respect to any refund (or credit) under such order. (B) No INTEREST PAYABLE BY UNITED STATES.—No interest ' shall be payable under section 6611 of the Internal Revenue 26 use 6611. Code of 1954 on any overpayment of tax which is attributa- ble to the application of paragraph (2). (C) PAYMENTS MAY BE MADE IN TWO EQUAL INSTALL- MENTS.— (i) I N GENERAL.—The taxpayer may make any pay- ment required by reason of paragraph (3) in 2 equal installments, the first installment being due on the last date on which a taxpayer may enter into a closing agreement under paragraph (3XB), and the second pay- ment being due 1 year after the last date for the first payment. (ii) INTEREST PAYMENTS.—For purposes of section 6601 of such Code, the last date prescribed for pajmient with respect to any pajonent required by reason of para- graph (3) shall be the last date on which such pa)mient is due under clause (i). (5) No INFERENCE.—The application of subparagraph (G) of Ante, p. 2192. section 167(1X3) of the Internal Revenue Code of 1954, and the application of paragraphs (1) and (2) of section 46(f) of such Code, to taxable years beginning before January 1, 1980, shall be determined without any inference drawn from the amend- ments made by subsections (a) and (b) of this section or from the rules contained in parsigraphs (2), (3), and (4). Nothing in the
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2195 preceding sentence shall be construed to limit the relief pro- vided by paragraphs (2), (3), and (4). SEC. 542. NO RETURN REQUIRED OF INDIVIDUAL WHOSE ONLY GROSS 26 USC 6012 INCOME IS GRANT OF $1,000 FROM STATE. note. (a) IN GENERAL.—Nothing in section 6012(a) of the Internal Reve- nue Code of 1954 shall be construed to require the filing of a return with respect to income taxes under subtitle A of such code by an individual whose only gross income for the taxable year is a grant of $1,000 received from a State which made such grants generally to residents of such State. (b) EFFECTIVE DATE.—Subsection (a) shall apply to taxable years beginning after December 31, 1981. SEC. 543. DEDUCTION FOR CONVENTIONS ON CRUISE SHIPS. (a) IN GENERAL.—Subsection (h) of section 274 (relating to disal- 26 USC 274. lowance of certain entertainment, etc., expenses) is amended— (1) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a comma and the following: "unless the taxpayer meets the requirements of paragraph (5) and estab- lishes that the meeting is directly related to the active conduct of his trade or business or to an activity described in section 212 and that— "(A) the cruise ship is a vessel registered in the United States; and "(B) all ports of call of such cruise ship are located in the United States or in possessions of the United States. With respect to cruises beginning in any calendar year, not more than $2,000 of the expenses attributable to an individual attending one or more meetings may be taken into account under section 162 or 212 by reason of the preceding sentence.", and (2) by adding at the end thereof the following new paragraph: "(5) REPORTING REQUIREMENTS.—No deduction shall be allowed under section 162 or 212 for expenses allocable to attendance at a convention, seminar, or similar meeting on any cruise ship unless the taxpayer claiming the deduction attaches to the return of tax on which the deduction is claimed— "(A) a written statement signed by the individual attending Written the meeting which includes— statement, "(i) information with respect to the total days of the trip, excluding the days of transportation to and from the cruise ship port, and the number of hours of each day of the trip which such individual devoted to scheduled business activities, "(ii) a program of the scheduled business activities of the meeting, and "(iii) such other information as may be required in regu- lations prescribed by the Secretary; and "(B) a written statement signed by an officer of the organiza- tion or group sponsoring the meeting which includes— "(i) a schedule of the business activities of each day of the meeting, "(ii) the number of hours which the individual attending the meeting attended such scheduled business activities, and "(iii) such other information as may be required in regu- lations prescribed by the Secretary." 97-200 O—84—pt. 2 27 : QL3
96 STAT. 2196 PUBLIC LAW 97-424—JAN. 6, 1983 Effective date. (b) The amendments made by this section shall apply to taxable 26 use 274 note. ^^^^.^ beginning after December 31, 1982. SEC. 544. ADDITIONAL WEEKS OF FEDERAL SUPPLEMENTAL COMPENSA- TION. (a) Section 602(e) of the Tax Equity and Fiscal Responsibility Act Ante, p. 702. of 1982 is amended— (1) in paragraph (2)(A)(i), by striking out "50" and inserting in lieu thereof "65"; (2) in paragraph (2)(A)(ii), by striking out "6" and inserting in lieu thereof "8"; and (3) by striking out subparagraphs (B) and (C) of paragraph (2) and inserting in lieu thereof the following: "(B) In the case of any State, subparagraph (A) shall be applied— "(i) with respect to weeks during a higher unemployment period, by substituting '16' for '8' in clause (ii) thereof; "(ii) with respect to weeks which are not during a higher unemployment period and which are weeks beginning on or after the first week of an extended benefit period (which was in effect under the Federal-State Extended Unemployment Com- 26 use 3304 pensation Act of 1970 for any week beginning on or after June ^°^- 1, 1982, on or before the date of the enactment of the Highway Ante, p. 2168. Revenue Act of 1982, and before the week for which the compen- sation is paid), by substituting '14' for '8' in clause (ii) thereof; "(iii) with respect to weeks during a high unemployment period, or which would be weeks described in clause (ii) except that the extended benefit period began after the date of enact- ment of the Highway Revenue Act of 1982, by substituting '12' for '8' in clause (ii) thereof; and "(iv) with respect to weeks during an intermediate unemploy- ment period, by substituting '10' for '8'. "Higher "(C) For purposes of subparagraph (B), the term 'higher unemploy- unemployment ment period' means, with respect to any State, the period— ^^^° ' "(i) which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks equals or exceeds 6.0 percent, and "(ii) which ends with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is less than 6.0 percent; except that no higher unemployment period shall last for a period of less than 4 weeks. "High "(D) For purposes of subparagraph (B), the term 'high unemploy- unemployment ment period' means, with respect to any State, the period— ^®"° • "(i) which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks equals or exceeds 4.5 percent but is less than 6.0 percent, and "(ii) which ends with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is less than 4.5 percent or equals or exceeds 6.0 percent;
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2197 except that no high unemployment period shall last for a period of less than 4 weeks unless such State enters a higher unemployment period or a period described in subparagraph (B)(ii). "(E) For purposes of subparagraph (B), the term 'intermediate "intermediate unemployment period' means with respect to any State, the peri3'"°^^^"* period— "(i) which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks equals or exceeds 3.5 percent but is less than 4.5 percent, and "(ii) which ends with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is less than 3.5 percent or equals or exeeds 4.5 percent; except that no intermediate unemployment period shall last for a period of less that 4 weeks unless such State enters a high unem- ployment period, a higher unemployment period, or a period described in subparagraph (B) (ii) or (iii). "(F) For purposes of this subsection, the rate of insured unemploy- ment for any period shall be determined in the same manner as determined for purposes of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970. 26 USC 3304 "(3) The amount of Federal supplemental compensation payable to note. an eligible individual shall not exceed the amount in such individ- ual's account established under this subsection." (b) The amendments made by subsection (a) shall apply to Federal 26 use 3304 supplemental compensation payable for weeks beginning on or after " the date of the enactment of this Act. In the case of any eligible individual to whom any Federal supplemental compensation was payable for any week beginning prior to such date of enactment and who exhausted his rights to such compensation (by reason of the payment of all the amount in his Federal supplemental compensa- tion account) prior to the first week beginning on or after such date of enactment, such individual's eligibility for additional weeks of compensation by reason of the amendments made by this section shall not be limited or terminated by reason of any event, or failure to meet any requirement of law relating to eligibility for unemploy- ment compensation, occurring after the date of such exhaustion of rights and prior to the date of the enactment of this Act (and such weeks shall not be counted for purposes of determining the expira- tion of the two years following the end of his benefit year for purposes of section 602(b) of the Tax Equity and Fiscal Responsi- bility Act of 1982). Ante, p. 702. (c) The Secretary of Labor shall, at the earliest practicable date after the date of the enactment of this Act, propose to each State with which he has in effect an agreement under section 602 of the Tax Equity and Fiscal Responsibility Act of 1982 a modification of such agreement designed to provide for the payment of Federal supplemental compensation under such Act in accordance with the amendments made by this Act. Notwithstanding any other provision of law, if any State fails or refuses, within the three-week period beginning on the date the Secretary of Labor proposes such a modification to such State, to enter into such a modification of such agreement, the Secretary of Labor shall terminate such agreement
96 STAT. 2198 PUBLIC LAW 97-424—JAN. 6, 1983 effective with the end of the last week which ends on or before such three-week period. (d) Paragraph (3) of section 602(d) of the Tax Equity and Fiscal Responsibility Act of 1982 (as added by section 310 of the Technical Post, p. 2411. Corrections Act of 1982) is amended by striking out "the number '6', *8', or '10', whichever is applicable" and inserting in lieu thereof "the number applicable". SEC. 545. EXCLUSION OF CERTAIN HOME ENERGY ASSISTANCE FROM INCOME UNDER SSI AND AFDC. 42 u s e 1382a. (a) Section 1612(b) of the Social Security Act is amended— (1) by striking out "and" at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(13) any assistance received to assist in meeting the costs of home energy, including both heating and cooling, which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) (A) is based on need for such assistance, and (B) is (i) assistance furnished in kind by a private nonprofit agency, or (ii) assistance furnished by a supplier of home heating oil or gas, by an entity providing home energy whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal govern- mental entity, or by a municipal utility providing home energy." 42 u s e 602. (b) Section 402(a) of such Act is amended— (1) by striking out "and" at the end of paragraph (34); (2) by striking out the period at the end of paragraph (35) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(36) provide, at the option of the State, that in making the determination for any month under paragraph (7) the State agency shall not include as income any assistance received to assist in meeting the costs of home energy, including both heating and cooling, which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) (A) is based on need for such assistance, and (B) is (i) assistance furnished in kind by a private nonprofit agency, or (ii) assistance furnished by a supplier of home heating oil or gas, by an entity whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal governmental entity, or by a municipal utility pro- viding home energy.". Effective (c) The amendments made by subsections (a) and (b) shall be date. effective with respect to home energy assistance received in months 42 u s e 602 note. beginning on or after the date of the enactment of this Act and prior to July 1,1985. Report to (d) The Secretary of Health and Human Services shall submit a eongress. 42 u s e 602 report to the Congress, prior to April 1, 1985, on the implementation note. and results of the provisions of sections 1612(b)(13) and 402(a)(36) of 42 u s e 1382a, the Social Security Act, including any recommendations with 602. respect to whether such provisions should be extended in the same or modified form or allowed to expire. SEC. 546. MODIFICATIONS TO CHLOR-ALKALI ELECTROLYTIC CELLS. 26 u s e 48. (a) Paragraph (5) of section 48(1) (defining specially defined energy property) is amended—
PUBLIC LAW 97-424—JAN. 6, 1983 96 STAT. 2199 (1) by striking out "or" at the end of subparagraph (L), (2) by redesignating subparagraph (M) as subparagraph (N) and by inserting after subparagraph (L) the following new subparagraph: "(M) modifications to chlor-alkali electrolytic cells, or"; and (3) by striking out "(M)" in the second sentence and inserting in lieu thereof "(N)". (b) The table contained in clause (i) of section 46(a)(2)(C) (relating 26 USC 46. to amount of credit) is amended by adding at the end thereof the following new subsection: "VII. CHLOR-ALKALI ELEC- TROLYTIC CELLS—Property described in section 48(1)(5)(M) 10 percent Jan. 1, 1980 Dec. 31, 1982." SEC. 547. INTEREST EXEMPT OTHER THAN UNDER THE INTERNAL REVE- NUE CODE OF 1954. (a) I N GENERAL.—Section 103 (relating to interest on certain Ante, p. 469. governmental obligations) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (1) the follow- ing new subsection: "(m) OBLIGATIONS EXEMPT OTHER THAN UNDER THIS TITLE.— "(1) PRIOR EXEMPTIONS.—For purposes of this title, notwith- standing any provisions of this section or section 103A any obligation the interest on which is exempt from taxation under this title under any provision of law which is in effect on the date of the enactment of this subsection (other than a provision of this title) shall be treated as an obligation described in subsection (a). "(2) No OTHER INTEREST TO BE EXEMPT EXCEPT AS PROVIDED BY THIS TITLE.—Notwithstanding any other provision of law, no interest on any obligation shall be exempt from taxation under this title unless such interest— "(A) is on an obligation described in paragraph (1), or "(B) is exempt from taxation under any provision of this title.". (b) CONFORMING AMENDMENTS.— (1) Section 851(b) (relating to definition of regulated invest- 26 USC 851. ment company) is amended by striking out "103(a)(1)" and inserting in lieu thereof "103(a)". (2) Section 852 (relating to taxation of regulated investment 26 USC 852. companies and their shareholders) is amended by striking out "103(a)(1)" each place it appears and inserting in lieu thereof "103(a)".
96 STAT. 2200 PUBLIC LAW 97-424—JAN. 6, 1983 Ante, p. 580. (3) Section 3454(aX2XB) (relating to definitions of interest, dividend, and patronage dividends) is amended by striking out "law" and inserting in lieu thereof "this title". Ante, p. 591. (4) Section 6049(b)(2)(B) (relating to returns regarding pay- ments of interest) is amended by striking out "law" and insert- ing in lieu thereof "this title". 26 use 6362. (5) Section 6362(b)(4)(A) (relating to qualified State individual income taxes) is amended by striking out "103(a)(1)" and insert- ing in lieu thereof "103(a)". Approved January 6, 1983. LEGISLATIVE HISTORY—H.R. 6211: HOUSE REPORTS: No. 97-555 (Comm. on Public Works and Transportation) and No. 97-987 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 6, considered and passed House. Dec. 10, 13-16, 19-21, considered and passed Senate, amended. Dec. 21, House agreed to conference report. Dec. 21, 23, Senate considered and agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 1 (1983): Jan. 6, Presidential statement.